Research On The System Of Marriage Dissolution In The Tang Dynasty

Marriage dissolution system is an indispensable part of the marriage system.The achievement of legislative,legal principle and legal concepts in tihe marriage dissolution of the Tang Dynasty represent the highest peak of the Chinese traditional law development undoubtedly.This article try to make a holistic research related to the Tang Dynasty marriage dissolution system which from three aspects , which are the procedure, the effect and the legal responsibility. Then summarizes the advantages and the disadvantages of the Tang Dynasty marriage dissolution system according to the first three chapters of the article, including the legislative and legislative thinking aspects.First of all, the current academic circles only classification the Tang Dynasty into Qi chu, divorce by agreement,compulsory divorce and divorce forced by government and so on. The article attempts to sums up the type of the Tang Dynasty marriage dissolution system based on the subject of divorce. Most scholars have discussed in their articles about the first two divorce types,but the divorce forced by government isn't within the scope of its article usually. However the auther believe that it should be classified as the type of the Tang Dynasty marriage dissolution system. The main reason is that the illegal marriage has passed the marriage process, on the other word,it is an established marriage and illegal so that it is necessary to divorce.Secondly, this article discusses the procedure, effect and legal consequences of the Tang Dynasty marriage dissolution system as a whole. After all, each type of marriage dissolution has its own unique style, so the article will show unique of each type.Again, there are few articles or monographs in the academic circles that talk about the legal responsibility of the Tang Dynasty marriage dissolution system. I have carried out a detailed demonstration of its and to define each punishment in accordance with the perspective of modern law. I think there are two kinds of legal liability for the marriage dissolution. The first is the legal liability for the marriage dissolution, and the other is the marriage dissolution as a civil liability. The subject of the two responsibility is different and the subjective state is different at the time of punishment. It can be concluded that these are reflected in the advanced law.Finally,There are two perspectives,which is advantages and limitations.in the evaluation of the Tang Dynasty marriage dissolution system. The advantages o f the Tang Dynasty marriage dissolution system contains advanced ideology and reaso nable legislation. For Instance,divorce by agreement which made a major influence o n the later ages in the Tang Dynasty marriage law system, makes the both sides of hus band and wife free to choice and has a positive impact on society. The limitation of the Tang Dynasty marriage dissolution system includes the limitation of the legislative thought and the limitation of the legislative content. For example, there is on special marriage cancellation agency. The legal responsibility for the marriage dissolution is often rely mainly on criminal penalties while civil penalties subsidiary.All in all, I think the study of Tang law have great significance to understand and draw lessons from traditional legal system. I hope that through the exposition of the marriage system in the Tang Dynasty can have some theoretical and practical significance.