On The Marriage Disputes In Henan Regions In Late Qing Dynasty From The Perspective Of "Punishment Copies"

In late Qing dynasty,the small peasant economy still occupies the absolute superiority in the social economy of the Henan regions.The Henan society in late Qing Dynasty suffered by natural calamities and man-made misfortunes make the small-scale economy—this survival economy—more difficult.It can be found through research,in the late Qing Dynasty,there are a large number of male divorced groups in Henan regions,resulting in the older male unmarried and the older male childless.Men can not find a spouse in marry-age women,can only expand the scope of the range,which leads to a greater gap between men and women marriage age.Simultaneously because women in the remarriage process more prone to disputes,the remarried cases exceed first marriage cases in number.Due to the phenomenon of more men and fewer women,the characteristics of the married valuing money is more obvious.Marriage participation parties fight for or allocate the betrothal gifts,force remarriage,rob women,trade women,reflect this feature of getting money.Marriages emphasis on wealth is not conducive to the establishment of harmonious family relations.Women can’t get comfort from family life,resulting in a large number of "prolonged love" type of adultery occur.The money,repression and resistance,emotional factors are the direct cause of each case.Simultaneously the three factors are in a dynamic interaction.The construction of the marriage bases on getting money,the family base is not solid,low risk tolerant.When come to the twists and turns,contradictions are concentrated outbreak,leading to the occurrence of homicide cases.Women can not get comfort from marriage,exacerbate the presence of a large number of unmarried male groups,resulting in a large number of cases of adultery.Also due to family poverty,men and women flee because of family poverty,long-term non-return phenomenon,that happen frequently.The poverty of the grassroots people’s life,leading to deterioration of social security situation.From the archives,there are quite a number of men carrying knives,when disputes occur,often incline to use violence,trigger murder cases.At the same time in the murder case more common use of arsenic poison,with the rope used to force.In addition to the use of violence,the people will also try to take the normal way to resolve the disputes.In response to the behavior of the people,the Qing Dynasty official adopt a different approach to cope the cases.To the criminal part of the cases,the official strictly in the law cases of the legal system under the guidance of the ruling,while to the civil part of the cases,the official use the national law and folk law combined approach,from the actual situation of the case to deal with.At the same time there are a variety of criminal liability relief policies to ease the sharp contradictions caused by murder cases.Between the people and the official,there are grassroots political power and local constables.Because the punishment copies belongs to the official judicial files,to show the role of licensing a lot of reflected in the control of grassroots society.While to the grass-roots society,the factors of self-control and management is not obvious.