A Study Of The Legal Status Of Adopted Children In The Tang Dynasty

The laws of the Tang Dynasty were relatively complete,and the adoption system continued to develop on the basis of the previous generation,forming a relatively complete legal system for adoption.The demand for adoption in the Tang Dynasty was very strong,and the phenomenon of adoption was widespread in both the upper and lower classes.The literature related to adoption in the Tang Dynasty is very rich,based on the Tang Dynasty Code,combined with the emperor’s edict,Dunhuang contract,epitaph inscription,novel biography and other materials,to understand the legal provisions and social practices of the adoption system at that time in the Tang Dynasty.This paper argues that the legal status of adopted children in the Tang Dynasty has improved compared with the previous generation,mainly reflected in the fact that more attention is paid to the protection of the rights of adopted children,but under the background of patriarchal system,adopted children are still in a relatively weak position in the adoption relationship.In the actual adoption of the people,the conflict between legislation and practice is obvious,the scope of adopted children limited by law is difficult to meet the objective actual needs,and there are a large number of illegal adopted children in the private sector.The Tang Dynasty officials alleviated the conflict to a certain extent through the combination of etiquette and law,reasonable balance,passive adjustment and other methods,but still did not fundamentally solve the problem.This paper takes the rights and obligations of adopted children as the starting point,understands the legal status of adopted children in the Tang Dynasty,and combines the emergence and resolution of conflicts between legislation and practice,in order to have a more comprehensive interpretation and thinking of the adoption system in the Tang Dynasty.By studying the specific provisions of the Tang Dynasty adoption system,the value orientation and traditional culture behind them,this paper provides useful references for our contemporary adoption system to protect the legitimate rights and interests of minor adoptees,meet the needs of social adoption,enrich adoption models,improve the function of the elderly,and unify legislative practice.