From Pawning Wife To Surrogacy-the Institutional Change Under The Restriction Condition

In ancient times,the greatest mission for a family was to have a son to carry on the family line.Marriage is the way to achieve this goal,and its high cost makes it difficult for poor families in the lower class to enter the marriage market.The need to have children is universal,in this social context,the pawning wife came into being.The law prohibits this,but under the huge social demand,there has been an increase in the number of it in society.In order to prevent the opportunistic behavior,social norms have been formed in villages and families,which serve as the substitute mechanism of law to regulate the parties and punish the relevant illegal behaviors.In the trial practice,based on the consideration of interests,the judge chose to evade the law,which further promoted the development of the pawning.Over time,the pawing wife is recognized by social norms.The Institution is the product of specific historical environment and changes with the change of constraint conditions.Thanks to the development of medical technology,sex and reproduction can be separated,the development of surrogate wife.However,China does not recognize surrogacy at present,and there are no specific rules to restrict it.People are turning to the black market.The low efficiency of the black market has damaged the interests of both parties,while the common law in the ancient society has lost its operating space in the society of strangers.Therefore,the only way to bring it into the legal regulation can improve concerned welfare state,promoting social welfare then.As a response to specific social problems,the emergence of traditional pawning wife in history is inevitable and legitimate.However,most scholars hold that it is a moral criticism,and they think that it is a kind of morally bankrupt behavior to turn women into tools and violate women's dignity.And did not objective,rational,in-depth to explore this.It doesn't exist now,However,it does not mean that it has lost its research value.The study of history can provide us with experience in the present.This is also an original intention of this article.The research on the definition of surrogacy will undoubtedly help us to answer this difficult question.The two are institutional responses to the same social problem,and their internal logic is consistent.Therefore,the development of the ancient code of the wife also predicts the development of surrogacy.The in-depth study of the code of the pawning wife system can provide us with experience and inspiration,so that we can better face surrogacy problems.Therefore,the research of this paper is necessary.Different from most moral value analysis approach,the pawning wife was viewed as women's feudal marriage customs;With the help of the knowledge of economics,sociology and other social sciences,this paper tries to understand the legitimacy and rationality of the traditional wife system from the perspective of social constraints,and explore its normative mechanism in reality.On the basis of deep analysis and revealing its system logic,this paper makes a comparative study on its development form-surrogacy.In this way,we can explore the change of constraint conditions,the cause of institutional change and the change of coping mode.The discussion of these questions is undoubtedly enlightening to the improvement of current laws.