|
|
|
| The Safeguards of Women's Interests in “Qi Chu” in the Tang Code: from Those Who Never Did Wrong to Those Who Had No Help |
| CUI Lan-qin |
| School of Law at Zhejiang Industrial and Commercial University, Hangzhou 310018, Zhejiang Province, China |
|
|
|
|
Abstract "Qi Chu" was the most common divorce institution in ancient China. It first appeared in the Confucian classics and became a formal institution in Tang dynasty. As a matter of fact, "Qi Chu" did not ignore women's interest entirely. "Qi Chu" allowed the husband to divorce his wife based on seven reasons and restricted the previously unlimited power of the husband to divorce his wife and in actuality, sheltered women's marriage. According to the Tang Code, the essential prerequisite of applying the "Qi Chu" is to prohibit the husband from arbitrarily divorcing his wife and in effect, safeguarded wives who did nothing wrong. Though the husband was able to divorce his wife by the institution of "Qi Chu", the rule of "San Bu-Qv" restricted him from divorcing women and instead made him respect women who conducted good deed for the his family and protect the interests of the weak and helpless women.
|
|
|
|
|
|
|
|
[1] 史凤仪.中国古代的家族与身份[M].北京:社会科学文献出版社,1999.
[2] 董家遵.汉唐时“七出”研究[A].董家遵文集[C].广州:中山大学出版社,2004.
[3] 程树德.九朝律考[M].北京:中华书局,2006.
[4] 韩非子·说林上[M].
[5] 史记·循吏列传[M].
[6] 韩非子·外储说右上[M].
[7] 荀子·解蔽[M].
[8] 孟子·匡章[M].
[9] 管子·大匡[M].
[10] 管子·小匡[M].
[11] 史记·赵世家[M].
[12] 诗经·邶风[M].
[13]列传第八十二·李芃李澄附族弟元素传[A].
[14] 礼记·内则[M].
[15] 陈鹏.中国婚姻史稿[M].北京:中华书局,1990.
[16] 唐律疏议·名例[M].
[17]张汝诚辑.家礼会通治家格言绎义卷下[M].
[18]白居易集·判[M].
[19] 仪礼·士昏礼[M].
[20] 礼记·曾子问[M].
[21][日]松田惠美子.日本的法制史研究之课题[J].法制史研究——创刊号,台北:中国法制史学会,2000,第309页;转引自陈惠馨.传统个人、家庭、婚姻与国家[M].台北:五南图书股份有限公司,2006.
[22] 后汉书·宋弘传[M].
[23] 孟子·离娄下[M].
[24] 崔兰琴.中国古代婚变中的妇女保障及其司法特点[J].政法论坛,2013,(6).
[25]薛允升。唐明律合编·卷十四[C].
[26] 陶毅,明欣.中国婚姻家庭制度史[M].北京:东方出版社1994.
[27] [美]白馥兰.技术与性别——晚期帝制中国的权力经纬[M].南京:江苏人民出版社,2006.
[28] 王跃生.清代中期婚姻冲突透析[M].北京:社会科学文献出版社,2003.
[29] [日] 滋贺秀三,张建国等译.中国家族法原理[M].北京:法律出版社,2003. |
| [1] |
. [J]. , 2018, 0(6): 96-. |
|
|
|
|
2014, Vol. 0 
