Termination Of Mid-qing Dynasty Marriage Law And Practice

The marriage terminated the main form which bursts as the marriage, has the important influence to the social development, therefore becomes the hot spot which the recent years academic circles paid attention, appeared a series of research results, but its deficiency was lacks from the marital termination aspect inspects the social law the implementation situation. This article from the Qing Dynasty intermediate stage countryman marriage obtaining, carries on the elaboration to the marriage ties establishment and the termination aspect legal rule and the actual movement condition, promulgates terminated on the government authorities, the folk legal text and the concrete practice aspect difference in the countryman marriage and harmonizes the relations, and analyzes its reason.The article by the introduction, the paper main body and the conclusion three parts is composed.The introduction part take concerns in the Chinese ancient history the marital termination question research summary as a main body, in carries on the history of learning review in the foundation, confessed this article the selected topic origin, this article research technique and the material, the innovation and the deficiency give a briefing, and the related concept which involves to the article carries on the limits.Paper main body including three parts:The first part elaborated the Qing Dynasty intermediate stage marriage termination legal rule content, namely the nature termination and artificial terminated two aspects, in which artificial termination is the primary factor which the marriage terminated.The second part the angle which practices from the officials and people carries on the analysis to the Qing Dynasty countryman marriage, thus obtains the legal rule and the practice heterogeneity deviation conclusion which the marriage terminated. This article believed, countryman's actual marriage, with "Qing Dynasty Penal code" the stipulation is far from, exists massively disobeys the law is the marriage phenomenon, in related seven, righteousness harmonious cooperation leaves certainly and so on in the aspect practices, also is inconsistent with the legal rule. The official when processes this kind of household marriage case, also made one to the penal code to be accommodating, but strict according to law was by no means.The third part of main discussion causes the reason which the officials and people marriage termination practice and the legal rule leave contrarily. The author believed that, the countryman marriage practice already receives marries social factor and so on vulgar custom influences, more being restrained in family circumstances impoverished and so on current economic condition, from this appeared and the legal rule conflict behavior. To folk widespread existence marital dispute, also has the folk common law to carry on the adjustment regarding this, also has local authority's trial, both coordinate mutually. In the concrete trial process, the official the traditional judicature idea influence, the sentiment, the principle, the law proper attention to both, not easily is decided the countryman to divorce deeply.The traditional judicature behavior was considered realizes the dominant important way, through which obviously has the phenomenon to the Qing Dynasty intermediate stage countryman marriage in which with "the Qing Dynasty Penal code" leaves contrarily, as the judicial practice main body magistrate when handles this kind of case, follows the village society the intrinsic movement path, but not totally according to law is. Not only this has manifested China ancient times the judicial culture characteristic, also has reflected China to a certain extent ancient times the state power in the village concrete realization situation.