Research On Patriarchal Right In Qing Dynasty

Patriarchal right are an important right of parents in family management.The development of patriarchal right has a long history.Influenced by patriarchal ideology,small-scale peasant economy and feudal ethics,the feudal society has an important position.It is combined with national law.He played a major role in maintaining feudal autocratic rule and was highly respected by the rulers,patriarchal rights have gone through a long process of development.The development of patriarchal right reached its peak in the Qing Dynasty.The right of parents in the Qing Dynasty were extremely powerful.Patriarchal right contained more content than the past generations,arid added some new rights,such as the right to send and the rights of the children and grandchildren.The punishment for commanding the descendants is also aggravated,and the descendants are even more jealous of the authority of the parents.The patriarchal right in the Qing Dynasty are summarized as the right to kill,the right to teach,the right to marry and the property.Parents have the right to control family wealth and manage household chores.However,the exercise of patriarchal right is not unlimited and is also restricted by law.Parents are also responsible for the violation of the law in the control of family life.The patriarchal right in the Qing Dynasty were developed on the basis of the patriarchal right in the Ming Dynasty.They are in line with the patriarchal right in the past.They have the characteristics of common patriarchal right,such as the support of the state power and the excessive patriarchal right,but the unique historical background of the Qing Dynasty.And the development process has also created its uniqueness,formed its own personality,through analysis and comparison,summed up the characteristics of the patriarchal right in the Qing Dynasty.Before entering the customs,the Qing Dynasty had been living in nomadic form.The backward lifestyle made it lack of norms of statute law.After entering the customs,it began to advocate the imitation of Han law to formulate the legal system of the Qing Dynasty,but still retained the imprint of Manchu customary law;The development of the system in the early Qing Dynasty could not meet the needs of development.Therefore,without changing the law,the Qing Dynasty used flexible examples and small notes in the process of law-making,so that the law satisfies the need of governance,and the content of patriarchal right is increased.The law and small notes make it more flexible;the feudal rule of the Qing Dynasty reached its peak.In order to strengthen the rule,the parents were given greater rights.The basic unit of the family was placed under the control of the parents,so that the feudal rule was put on a warm coat and promoted.The recognition of the state power has achieved the effect of moving filial piety.Patriarchal right played an indelible role in the historical development of the past.Patriarchal right were the tools used by feudal autocratic society to rule.In the Qing Dynasty,as a ruling dynasty of ethnic minorities,it was even more necessary to support the people and maintain their rule.The rulers of the Qing Dynasty also deeply recognized the role of the family in social stability.By empowering parents to control the family,the grassroots society was more stable and the feudal rule was maintained.Parents are the head of the family.The parents' orders are not defying and can promote family stability.The family is young and under the control of the parents.The feudal society also instills the idea of "loyalty and filial piety".It is believed that the filial piety at home is rarely unfaithful in the country,and the practice of patriarchal rights also promotes the filial piety tradition.Since birth,the children and grandchildren are under the shackles of the family.They have no free property and no personality.Everything must be the parent's life.Parents control the personal right and property right of family members.The family has no democratic consciousness and the freedom of descendants is also limited.The offspring violate the parental decree,the parents can arbitrarily punish or even kill,or send the children and grandchildren to the punishment,the government also often maintains the parents,acting according to the parents' wishes,seriously inter fering with the judicial order,affecting judicial justice,and undermining legal authority.As the last feudal dynasty in China,the Qing Dynasty's patriarchal right were developed on the basis of the patriarchal right in the past.It is the master of the right of parents.It studies the rights of parents in the Qing Dynasty,recognizes its functions and limitations,learns from history,and reflects on the present.Drawing on useful experience,it provides a practical reference for the construction of contemporary rule of law.