Trying To Dicuss The Concubine's Civil Legal Status In The Family Of Qing Dynasty

The research object of this paper is the concubine's civil legal status in the family of Qing Dynasty. At first, the cause of the proposition is expounded, namely because the concubine's status was the entities of universality and particularity in the linguistic context of Qing Dynasty, and the relevant study in the academic circle is insufficient. Then three concepts are made definite, which are family, patriarch and civil legal status. After that the paper explains that formed of the social background of concubine's civil legal status of Qing Dynasty, and examined the characteristic of identity and property of concubines in the family of from different angles, On this basis, concubine's legal status on the identity and property are discussed. The following chapter presents the conflict and integration in adjusting concubine's civil legal status of legal system of Qing Dynasty. Although concubine in Qing Dynasty was petty and low for the identification at the overall status, but in actual life, a few concubines could enjoy the limited identity and property rights. This paper appraises from history and modern angle to the concubine's civil legal status of Qing Dynasty finally. It studies the legal system background of concubine's status of Qing Dynasty from extensive meaning, including the law makes by the country, and the rules formed spontaneously in the society which is called folk law and is constituted by habits, etiquettes , domestic discipline and clan rule, etc. Some examples in the note and anthologies of the people lived in Qing Dynasty are referred in this paper. Through the analysis of a large number of cases, concubine's civil legal status in Qing Dynasty is reflected vividly. Simultaneously, the paper reveals complementation or contradiction between the law and reality, constitutional law and folk law. According the process of expounding and proving, the paper has adopted the legal sociology method and Qing Dynasty better. While examining legal system of Qing Dynasty closely, the paper is in the hope of causing the self-criticism and enlightenment of the contemporary social phenomenon and legal practice condition...