唐代婚姻研究—从唐律的视角探析

发布时间：2018-05-11 19:19

  本文选题：唐代 + 法律　； 参考：《山东师范大学》2016年硕士论文

【摘要】：唐律作为中国古代一部具有代表性的完备的封建法典,其严谨的律条、敕令规范着社会生活的各个方面,其中对婚姻的规范贯穿着订婚、结婚、离婚、再婚等各个方面,再加上唐王朝开放与不羁的气魄使唐朝人的婚姻实态呈现出严谨与违法相互矛盾又相互交融的状态。唐律对婚姻的规范首先是从订婚这一程序开始的,在此过程中法律要求结婚既要满足婚姻缔结的必备条件,即要有媒妁之言、父母之命,并在达到一定婚龄时定下私约、婚书或者聘财,又要不在法定限制条件之列。婚姻限制条件实际就是不允许结婚的几种特殊情况,即在身份不同、同一亲族、特殊时间、有违法行为等情况下不允许结婚。法律规范的这几种限制条件都是出于维护封建纲常伦理,减少社会矛盾,保障社会稳定的目的,其确实也维护了唐王朝统治。唐律对先秦时期的婚姻礼法也有一定的继承,特别是对婚姻六礼的继承体现了唐律援礼入法的特点。在最具唐朝特色的婚姻礼俗中,唐律对于一些铺张浪费、扰乱治安的婚俗予以禁止,例如下婿、障车、却扇等,而对于有利于家庭和睦的舅姑礼、三月庙见礼则以律令的形式颁布全国进行提倡,从而规范了皇家与民间的婚姻缔结程序。婚姻产生的繁杂的人际关系也受到了唐朝统治者的重视。夫妻关系、儿媳与舅姑关系、父母子女关系都是由婚姻产生的重要人际关系,唐律作为维护社会和谐的一种手段对其也有所规范。夫妻相处中的男尊女卑,儿媳与舅姑间的互敬互爱,父母子女的母慈子孝都是唐律所提倡的主旋律。唐律的规范与处罚确实缓和了由复杂的人际关系产生的矛盾,保障了家族的和睦。在开放的唐代,离婚与再婚都是十分常见的事,但其并不意味着唐朝人可以随意离婚与再婚。离婚的方式有明确的法律规定,既有男权至上的七出之条,又有怜悯妇女的三不去之限,既有全赖官府判定的义绝,又有尊重离婚者意愿的和离,这有利于保障唐人稳定的婚姻生活。唐朝初期统治者对于男女再婚呈支持态度,唐中后期开始颁布律令禁止女子再嫁,再嫁现象急剧减少。唐王朝独特的时代风气使社会上出现了许多与唐朝律令规范相悖的婚姻实态,它们出现在婚姻的各个阶段。婚前的自主择婚,违反婚姻限令的非法缔结,冲击男权社会的善妒惧内以及随意去妻都深受唐王朝的胡文化、儒家式微、门阀衰弱等因素的影响,不过这些违令实态在整个唐王朝中仍属少数,并在注重儒家纲常伦理的唐朝中后期日益减少。从唐律的角度研究唐代婚姻,可以帮助我们了解唐代人丰富的婚姻生活。总结唐律中对婚姻各方面规范的经验教训,将其中合理的成分运用到社会主义婚姻律法中,对于规范现代人婚姻生活,减少社会矛盾,促进社会和谐都有诸多有益的启示。
[Abstract]:As a representative and complete feudal code in ancient China, the Tang Dynasty's strict rules and decrees regulate all aspects of social life, in which marriage rules run through all aspects of engagement, marriage, divorce, remarriage, and so on. In addition, the opening and unruly spirit of the Tang Dynasty made the marriage of the Tang Dynasty appear rigorous and illegal, contradictory and intermingled with each other. The norm of marriage in Tang Law began with the procedure of engagement. In this process, the law required that marriage should satisfy the necessary conditions of marriage, that is, the words of matchmaker, the order of parents, and the conclusion of private contract when a certain age of marriage was reached. The marriage document or the employment of property is not subject to statutory restrictions. In fact, the restriction of marriage is not allowed to marry several special circumstances, that is, in the identity of different, the same family, special time, illegal behavior and other circumstances do not allow marriage. These restrictions of legal norms are all for the purpose of maintaining feudal ethics, reducing social contradictions and ensuring social stability, which indeed safeguarded the rule of the Tang Dynasty. The law of Tang Dynasty also inherits the law of marriage etiquette in the pre-Qin period, especially the inheritance of the six rites of marriage reflects the characteristics of the law of marriage. Among the most characteristic marriage customs of the Tang Dynasty, Tang Law prohibited some extravagant, wasteful and disorderly marriage customs, such as son-in-law, rickshaw, fan, and so on, while for aunts who were conducive to family harmony, The March Temple ceremony was promulgated in the form of a decree to promote the marriage process between the royal and the folk. The complicated interpersonal relationship produced by marriage was also valued by the rulers of the Tang Dynasty. The relationship between husband and wife, daughter-in-law and aunt, and the relationship between parents and children are all important interpersonal relationships produced by marriage. Tang Law, as a means to maintain social harmony, also regulated it. The inferiority of husband and wife, the mutual respect and love between daughter-in-law and aunt, and the filial piety of parents and children are the main melody advocated by Tang Law. The regulation and punishment of Tang Law did ease the contradiction caused by complicated interpersonal relationship and ensured the harmony of the family. Divorce and remarriage are very common in open Tang Dynasty, but they do not mean that people in Tang Dynasty can divorce and remarry at will. There are clear legal provisions in the way of divorce, including the seven articles of male supremacy, the limit of three not going to pity women, the denial of justice that all depends on the judgment of the government, and the respect for the wishes of divorcees and separations. This is conducive to safeguarding the stable marriage of the Tang people. In the early Tang Dynasty, the rulers showed support for the remarriage of men and women. In the late Tang Dynasty, laws were issued to prohibit women remarrying, and the phenomenon of remarriage decreased sharply. The unique ethos of the Tang Dynasty made many marriages appear in the society, which were contrary to the laws and regulations of the Tang Dynasty, and they appeared in various stages of marriage. The choice of marriage before marriage, the illegal conclusion of violating the marriage restrictions, the envy of the patriarchal society, and the random loss of wives were deeply influenced by the Hu culture of the Tang Dynasty, the decline of Confucianism, and the weakening of the doers. However, these violations were still a minority throughout the Tang Dynasty, and were decreasing in the middle and late Tang Dynasty, where Confucian ethics were emphasized. The study of Tang Dynasty marriage from the angle of Tang Dynasty law can help us to understand the rich marriage life of Tang Dynasty people. Summing up the experience and lessons of various aspects of marriage in Tang Dynasty and applying the reasonable elements to the socialist marriage law, there are many beneficial revelations for regulating the marriage life of modern people, reducing social contradictions and promoting social harmony.
【学位授予单位】：山东师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：K242;C913.1
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本文编号：1875239