Theory Of Pawning Wives In Modern Times

The custom of pawning wives is a form of alienation that has long existed in our country.The feudal Confucian ethical ideology with husband power and patriarchal power as the core is the soil for the existence and development of the marriage system,while the family identity of women as wives and daughters is generally objectified as the property and goods of husbands and fathers,which is also the premise on which the custom of pawning wives is based.The formal record of the act of the pawn wife is clearly reflected in the historical contract documents,and the contract recorded by the pawn wife is ultimately a "pawn deed",and the office is the reason why the birth and development of the pawn wife custom is accompanied by the emergence of the pawn power.Generally,the core of the research in this article focuses on the case of the pawn wife,that is,the pawn hires his wife and daughter to be wives and concubines with others,although different scholars have different understandings of the meaning of pawn,sale,etc.In conclusion,the pawn wife generally refers to the contractual act o · f obtaining a certain amount of money or being taken care of by the pawnbroker within the agreed period of time between the pawnbroker and the undertaker,and the pawn is the wife and concubine of the undertaker,performing the obligation of the wife with production as the main content,and the children born during this period are agreed upon by the parties,and whether to redeem or not after the expiration of the period,the amount of redemption is also agreed upon by both parties.Taking the pawn wife as the research object,taking the case of the modern pawned wife and the judgment of the Dali Yuan as the entry point,this paper investigates and studies the typical appearance of the phenomenon of the folk pawned wife,explores the social background and historical roots of the long-standing custom of the pawn wife in Chinese history,and shows the provisions of modern law on the pawn wife,the dali court’s jurisdiction concept and judicial tendency of the bad customs of the pawn wife and related illegal marriage behavior.