The Research Of Patriarchal Right In Law Of Qing Dynasty

In the development of human history,the family is like a mirror,reflecting the social life at that time.With the long historical evolution,the family has complex contents and colorful life which attract tireless research by scholars.This is of great advantage for us to understand "home" in ancient China,which laid the theoretical foundation for the study of patriarchal right.In the basic social structure of Qing Dynasty,self-sufficient economy is a symbol,family is the basic unit of life,"male dominant","father guides son"and"husband guides wife" are the consistent criterion in ancient society.The stability of family relations is a prerequisite for the stability of social order,which gives parents a unified regulatory responsibility for family members.In order to explore the true face of the family relationship,this article will give a more comprehensive description of patriarchal righton the basis of historical data.This article is divided into the following six parts:Preface:Mainly divided into the significance of the topic,research status and research methods.Chapter 1:Overview of patriarchal right.This chapter is divided into two parts:the first part is about analysis of patriarchal right and its related concepts.First of all,the author defines the concept of "family" and similar words "relatives","cases,clan" and the relationship between the three,and then leads to the definition of the concept of patriarchal rights and related definitions.The second part is the origin and evolution of patriarchal right.This part mainly introduces the evolution of patriarchal right and the reason of patriarchal right in ancient times.Chapter 2:The contents of patriarchal right in law of Qing dynasty.The law of Qing dynasty is the last code of feudal society whichthe article is focused on in order to highlight the extent and depth of patriarchal right.The first part introduces the family structure in a certain period of Qing Dynasty,which can perform the traditional public behavior and way of thinking.The last is divided into five parts to introduce the content of patriarchal right,including the right to be supported,the right of property,the fatwas right,the right of arranging a marriage and the right of husband.In the patriarchal family,the husband right is also a part of patriarchal right.Chapter 3:The responsibility of patriarch:restricts on patriarch in law of Qing dynasty.The patriarch also has to bear the corresponding responsibilities.This part includes the responsibility of patriarch as a family representative,the responsibility of arranging a marriage illegally,the responsibility of forcing descendants to break the law.Chapter 4:Comment on patriarchal right in law of Qing dynasty.This chapter analyzes the advantages and disadvantages of patriarchal right,and makes a brief introduction to the value analysis and the bad factors of patriarchal right.Conclusion:At the end of the article describes the modern remains of patriarchal right.In today's society,the patriarchal right has evolved into guardianship system in civil law.The patriarch and family members are equal in law,but there are some old unscientific ideas remained.So the development of contemporary patriarchal right has to take the essence and remove the dross in order to ensure the orderly operation of family.