Study On The Legal Issues Of Women’s Remarriage In Song Dynasty

The Song Dynasty was a typical feudal autocratic dynasty in Chinese history.In the general understanding of the public,women in the Song Dynasty under the influence of Cheng Zhu’s philosophy should have been exploited and oppressed,and were absolutely dependent on men.However,after research,it was found that this was not the case.Compared to other feudal dynasties,women in the Song Dynasty had greater autonomy in marriage.The phenomenon of remarriage among women was not only more common,but also encouraged widows to remarry to some extent in society.The reason for this lies in the unique social attributes of the Song Dynasty.The Song Dynasty was one of the most legalized dynasties in Chinese history.During this period,politics were relatively enlightened,culture flourished and developed,and social atmosphere was open.The rapid development of the commodity economy in the Song Dynasty challenged people’s conservative ideological concepts;Social public opinion has also shown a tolerant attitude towards women’s remarriage,and the trend of Neo Confucianism is not yet universally applicable,and the concept of chastity has a relatively small impact on women’s remarriage;In addition,many laws and judicial precedents at that time held a supportive attitude towards women’s remarriage,providing legal protection for women’s remarriage...Various reasons collectively contributed to the emergence of the phenomenon of women remarriage in the Song Dynasty.Marriage and family were the main areas of activity for ancient women,and through the legal provisions of that time,women’s marital rights and legal status in life could be examined.However,in the context of feudal society in China,women’s right to remarry is inevitably unrestricted.At that time,society did not provide suitable soil for women’s autonomy,and women’s marital autonomy was insufficient.Therefore,we cannot overestimate the autonomous rights possessed by women in the Song Dynasty,as their rights were still insufficient under historical conditions at that time.We should approach problems from a historical perspective and objectively evaluate them with an attitude of "understanding and sympathy".Through the sorting and analysis of historical materials on the remarriage of women in the Song Dynasty,it can be seen that the national legislation and family laws and regulations of the Song Dynasty could provide corresponding institutional guarantees for the remarriage of women in disadvantaged social groups.Judicial institutions could also provide reasonable explanations and handling of women’s remarriage demands in specific precedents,which was very rare in the social context of that time.Through the principles of law,we can also extract inspiration for modern legal construction.On the basis of existing literature achievements,this article will analyze the legal issues related to the remarriage of women in the Song Dynasty from the perspective of legal history,analyze legal principles,and seek reference ideas for modern legal systems.The full text is divided into five parts.Chapter 1 provides a conceptual explanation and formal classification of the remarriage of women in the Song Dynasty,including two forms: external marriage and joint marriage.As a new form of remarriage that emerged in the context of the times,the study of women and marriage and family in the Song Dynasty has special significance.Chapter 2 analyzes the phenomenon of remarriage among women in the Song Dynasty and the reasons for the prevalence of remarriage among women in the Song Dynasty context.The paragraph discusses five aspects: the development of the commodity economy and changes in social values of justice and profit,the openness of social customs,the tolerance of laws in the Song Dynasty,the tolerance of public opinion,and the impact of changes in chastity.Multiple reasons and one result jointly promoted the prevalence of social phenomena such as remarriage among women in the Song Dynasty.Chapter 3 summarizes the legal provisions on women’s remarriage in the Song Dynasty,including women’s rights to remarriage and the legal consequences of remarriage behavior.Specifically,women’s right to remarry can be divided into the right to remarry after divorce and the right to remarry after the husband’s death.In the Song Dynasty,both national laws and family rules provided assistance for women to remarry.The legal consequences of remarriage for women are the changes that occur in their property and personal relationships.Property disputes mainly involve the ownership of dowry and the division of husband’s property;The changes in personal relationships are manifested in the issues of raising children,supporting remarried parents,and handling issues of grace and mourning.The Song Dynasty stipulated in detail the ownership rights of remarried women’s property in the law,which provided an economic basis for the improvement of the legal status of women in the Song Dynasty.Under complete legal regulations,the Song Dynasty legal department handled daily affairs and various civil disputes in an orderly manner.Chapter 4 is an evaluation of the phenomenon of remarriage among women in the Song Dynasty,as well as an analysis of the advantages and disadvantages of the remarriage legal system in the Song Dynasty.Under the background of the legal system of the Song Dynasty,women in the Song Dynasty had certain autonomy in marriage,which was progressiveness in pursuing the equal legal status of men and women.However,there are also historical limitations.Under the feudal legal system,the private rights of women in the Song Dynasty were still lacking,and some people would view remarried women from an unequal perspective.Chapter 5 discusses the advantages and disadvantages of the legal system for remarriage of women in the Song Dynasty,and the inspiration and reference it brings to the construction of modern rule of law society.This paragraph starts from three aspects:safeguarding the interests of vulnerable groups and innocent parties,inheriting elderly care culture,and emphasizing the principle of combining emotion,reason,and law.Maintaining the interests of vulnerable groups and innocent parties at the legal level is recognized by social justice and is conducive to alleviating social conflicts.The issue of elderly care caused by women’s remarriage has changed to the inheritance of family elderly care culture and innovation of elderly care models in today’s social context.In the new era,we need to inherit excellent traditional culture and endow filial piety culture with new connotations,promoting harmonious social development.The principle of combining emotion,reason,and law is an experiential rationality that has lasted for thousands of years and plays a crucial role in the trial process of judicial cases today.