The Research On "He Li" System In The Tang Dynasty

System of the tang dynasty "and" refers to both sides of husband and wife because in the feelings can’t reconcile their differences and agreements to remove a system of divorce, marital status for marriage if the parties choose divorce decision is made by both sides of husband and wife together, is the result of the two sides have no purpose,is for the life present situation cannot continue peace, voluntary choices made, there is no force of will, also not allowed to unilaterally decide which imposed on the other side. The so-called "and" is refers to make a decision of divorce by agreement. And this system according to the law of article of divorce, as recorded in the analyzed ethically ". if the husband and wife without experiencing harmonic and from don’t sit down." Mean if husband and wife in marriage life will not be able to continue to live in harmony,mutual agreement terminate the relationship,this kind of circumstance does not need to bear legal responsibility. "And from" system that are officially into the book was in tang dynasty, the emergence of this system in the tang dynasty is the innovation of marriage law at that time, as a new form of divorce, is the accumulation of experience, previous marriage life is a new initiative to the legislation of tang dynasty, is also on the later marriage form of development.",Tang door marriage, "to define three different forms for the divorce, the first is" and ”,for men and women of voluntary divorce, which is similar to the system of divorce in today’s society; The second is the "wife", is the man to divorce his wife unilaterally decided to terminate the marriage system, is usually as the provisions of the "seven" is to the feudal system of the partial suppression; The third is forced divorce, refers to the main content of the national law to terminate the marriage and remove forced marriage form. Including "and" system is a typical form of divorce of social life in tang dynasty,the covers of the facets of legal system in the history of our country, this article discusses the various specifications according to the traditional moral codes based on the practical problems are discussed, through in-depth analysis of ancient and modern legal culture form of divorce to further study the history of system of the tang dynasty"and" innovation brought by the special value, and that with absolute law meaning of Chinese culture in the progress for the traditional system of divorce is also a kind of supplement.At the same time, our country ancient times is to Confucian countries under the rule of law in the family as the basic unit of social life, represents the meaning of marriage for the society as a whole, this article also from the reality, by referring to the tang dynasty literature and in many cases the wife "books" is a typical representative of physical books,on the basis of analysis "and" system of the secular,further analysis and research system of the tang dynasty "and" the thought culture origin and background,and summarizes its harmonious development in the modern marriage system,formulate implementation process.The full text of all three parts, the preface part is the overall summary of the tang dynasty "and" system as well as to the system of "and" overview of the research achievements of academic field.The first part is the analysis system of the tang dynasty "and" the thought origin and the era background, under the feudal moral codes of the provisions of the marriage is reflected in the tang law article.As recorded in the second part is mainly based on the tang dynasty literature about"and" system of case as well as the typical representative of a wife "books" as the foundation to research the tang dynasty "and" system, through the analysis of the tang dynasty law case and so on, further discusses the tang dynasty "and" system of clarity and advancement in the legislation.The third part mainly from the tang dynasty "and" system evaluation up and review the history of the tang dynasty "and" system itself and the influence of the position, it not only in the tang dynasty produced innovative effect, for something practical significance is the later, no matter from which point of view, has a history of tang dynasty "and" system and secular shall not ignore the value of significance.