本文選題：唐代 + 法律�。� 參考：《山東師范大學》2016年碩士論文

【摘要】：唐律作為中國古代一部具有代表性的完備的封建法典,其嚴謹?shù)穆蓷l、敕令規(guī)范著社會生活的各個方面,其中對婚姻的規(guī)范貫穿著訂婚、結(jié)婚、離婚、再婚等各個方面,再加上唐王朝開放與不羈的氣魄使唐朝人的婚姻實態(tài)呈現(xiàn)出嚴謹與違法相互矛盾又相互交融的狀態(tài)。唐律對婚姻的規(guī)范首先是從訂婚這一程序開始的,在此過程中法律要求結(jié)婚既要滿足婚姻締結(jié)的必備條件,即要有媒妁之言、父母之命,并在達到一定婚齡時定下私約、婚書或者聘財,又要不在法定限制條件之列�；橐鱿拗茥l件實際就是不允許結(jié)婚的幾種特殊情況,即在身份不同、同一親族、特殊時間、有違法行為等情況下不允許結(jié)婚。法律規(guī)范的這幾種限制條件都是出于維護封建綱常倫理,減少社會矛盾,保障社會穩(wěn)定的目的,其確實也維護了唐王朝統(tǒng)治。唐律對先秦時期的婚姻禮法也有一定的繼承,特別是對婚姻六禮的繼承體現(xiàn)了唐律援禮入法的特點。在最具唐朝特色的婚姻禮俗中,唐律對于一些鋪張浪費、擾亂治安的婚俗予以禁止,例如下婿、障車、卻扇等,而對于有利于家庭和睦的舅姑禮、三月廟見禮則以律令的形式頒布全國進行提倡,從而規(guī)范了皇家與民間的婚姻締結(jié)程序�；橐霎a(chǎn)生的繁雜的人際關(guān)系也受到了唐朝統(tǒng)治者的重視。夫妻關(guān)系、兒媳與舅姑關(guān)系、父母子女關(guān)系都是由婚姻產(chǎn)生的重要人際關(guān)系,唐律作為維護社會和諧的一種手段對其也有所規(guī)范。夫妻相處中的男尊女卑,兒媳與舅姑間的互敬互愛,父母子女的母慈子孝都是唐律所提倡的主旋律。唐律的規(guī)范與處罰確實緩和了由復雜的人際關(guān)系產(chǎn)生的矛盾,保障了家族的和睦。在開放的唐代,離婚與再婚都是十分常見的事,但其并不意味著唐朝人可以隨意離婚與再婚。離婚的方式有明確的法律規(guī)定,既有男權(quán)至上的七出之條,又有憐憫婦女的三不去之限,既有全賴官府判定的義絕,又有尊重離婚者意愿的和離,這有利于保障唐人穩(wěn)定的婚姻生活。唐朝初期統(tǒng)治者對于男女再婚呈支持態(tài)度,唐中后期開始頒布律令禁止女子再嫁,再嫁現(xiàn)象急劇減少。唐王朝獨特的時代風氣使社會上出現(xiàn)了許多與唐朝律令規(guī)范相悖的婚姻實態(tài),它們出現(xiàn)在婚姻的各個階段�；榍暗淖灾鲹窕�,違反婚姻限令的非法締結(jié),沖擊男權(quán)社會的善妒懼內(nèi)以及隨意去妻都深受唐王朝的胡文化、儒家式微、門閥衰弱等因素的影響,不過這些違令實態(tài)在整個唐王朝中仍屬少數(shù),并在注重儒家綱常倫理的唐朝中后期日益減少。從唐律的角度研究唐代婚姻,可以幫助我們了解唐代人豐富的婚姻生活�？偨Y(jié)唐律中對婚姻各方面規(guī)范的經(jīng)驗教訓,將其中合理的成分運用到社會主義婚姻律法中,對于規(guī)范現(xiàn)代人婚姻生活,減少社會矛盾,促進社會和諧都有諸多有益的啟示。
[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.
【學位授予單位】：山東師范大學
【學位級別】：碩士
【學位授予年份】：2016
【分類號】：K242;C913.1
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本文編號：1875239