Study On The Legal Status Of Zhuixu In The Qing Dynasty

Zhuixu,commonly known as the son-in-law-to-door,means a son in law who is living at wife’s parent’s house and in a subordinate position in family life.From the point of view of the current academic research on the legal status of the zhuixu in the Qing,it’s not very hot.The first part is to introduce the object and academic research.Zhuixu in the Qing is a continuation of the dynasties’zhuixu,and the study is of practical significance.In terms of academic research,it introduces the findings of academic predecessors briefly,and points out the ignorance of the perspective of law currently in academic research.It mainly discusses zhuixu before the Qing and in the Qing in the second part.Zhuixu before the Qing is widely seen in a variety of historical data,is an ancient social phenomenon in all social classes and places,and generally discriminated against local officials and the public,the statutory requirements of superfluous marriage include matchmaker,marriage certification and dowry.Meanwhile,the government has developed Protective provisions and prohibited articles,which protects the interests of zhuixu to a certain degree.The third part includes the right to name,the status in family life and the property of zhuixu in the Qing.In terms of the right to the name,zhuixu changes to wife’s name which happened to uxorilocal marriage of virgin,or holds the original name which happened to uxorilocal marriage of widow because widow pay more attention to the ability to support their families.In short,whether zhuixu changes his name or not,it’s recognized as a part of wife’s family on the Identity Relations.However,most of clan in the Qing opposed zhuixu enters clan genealogy,mainly due to the fear of chaos.On the contrary,if the male descendants become zhuixu,the vast majority of the clan still welcome their return.In terms of family life,it includes the relationship with his wife,the relationship with his wife’s parents and the relationship with other clan members.In terms of the relationship with his wife,the wife decide whether to get married.In terms of the relationship with his wife’s parents,zhuixu’s wife’s parents has the right to decide whether to get married.The relationship between them sometimes is strained because of zhuixu’s bad performance.In terms of the relationship with other clan members,zhuixu has the average right to share his wife’s property with step son,which makes him despised by other clan members.In terms of the property,zhuixu has the average right to share his wife’s property with step son in uxorilocal marriage of virgin,even to inherit all the property.But in uxorilocal marriage of widow,zhuixu has no right to inherit widow’s ex-husband’s property.The fourth part is the conclusion..In our current law,there is no special legal status for zhuixu,but some of the practices of the Qing Dynasty can give us a good example.