| The legal protection of the weak groups such as widower and the disabled and so on has continuity and inheritance in the past dynasties in China.Pension for the poor and the disabled is the social problem to be solved by the rulers of the past dynasties.The "adoption of the solitary elderly and the disabled" became a self-evident law,which was continuously improved and developed in the Qing Dynasty.Those in power in the Ming and Qing dynasties expected to rule a small peasant society and the benevolence of the rulers was manifested through help the weak.In the Ming and Qing dynasties,the final focus of the legislation was on the ruling order of the dynasty and the stability of the society.At the same time,we encourage and support the civil society forces to participate in the relief activities,mainly manifested in the religious family,the good Society and the good Church for giving and aiding.This paper takes the "adoption of the elderly" in the "Qing Law" and”Ming Law” as the research object.First of all,it makes a basic analysis of the law,starts with the meaning of adoption,and defines that the legal act of adopting an elderly orphan in this law does not take no children as the necessary condition.Without the purpose of inheriting the family,it does not have to comply with the rule of non-admission of different clan.It goes beyond the form of adoption between the same clan and goes to the principal object of adoption,and penalizes the misconduct of the adoption of officials.Secondly,it explains the reasons why the implementation of the concept and actual effect is not good,and finally makes a summary of the enlightenment that comes into being.The research on the old laws and regulations of the Ming and Qing dynasties is helpful to the development of the contemporary social legal aid.In the course of legal aid construction in our country,we should legislate strictly,strengthen supervision and carry out pluralistic aid. |
