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To Explore the Marriage Ban Conditions on the Sight of Social 2013 International Conference on Advances in Social Science, Humanities, and Management (ASSHM 2013) To Explore the Marriage Ban Conditions on the Sight of Social Reformation of the Tang and Song Period Chen Xiuping (Three Gorges University of China, Yichang Hubei, 443002) Song Dynasty. Abstract. 1. The marriage ban conditions of During the Tang and Song Dynasty, with Tang Dynasty the development of commodity economy, The marriage ban conditions of everything changed greatly such us Tang Dynasty are thorough and the social ideology and the concept of value. contents are abundant, it mainly These changes were shown through all included the principle of forbidding kinds of systems including political marriage between people of the same systems and legal systems and cultural surname, the marriage between people systems. There are both similarities and who are relatives, the marriage between differences in the marriage ban noble and the beneath, the marriage of conditions of Tang and Song Dynasty. people who has ever gotten married. The article compared the marriage ban 1.1 To forbid the marriage between conditions of Tang and Song Dynasty, to people of the same surname find the similarities and differences and As early as Western Zhou Dynasty, analyze the causes, in order to find the there is such a tradition as forbidding influence which the social reformation marriage between people of the same bring out to the marriage culture. surname in China. Spring and Autumn Key words: The Tang Dynasty; The Annals said：“ The man who doesn’t Song Dynasty; marriage ban conditions; marry surname woman pay attention to the social reformation ethics, to prevent ministries and the same as the beasts. ” The ban was During the Tang and Song Dynasty, written in law books in Tang Dynasty, with the development of commodity the family and marriage of the Tang economy, everything changed greatly Code：“ The man who married the same such us social ideology and the concept surname will be sentenced to two years of value. These changes were shown in prison. Above the garb will be found through all kinds of systems including guilty of crime of rape……and will be political systems and legal systems and sentenced to divorce. ”The reasons not cultural systems. because of ethics but also physiological The marriage ban conditions, that is factors. With the change of the source of the marriage negative conditions or the surname, the same surname is not legal obstacles of marriage, it is the legal necessarily related, so the code limited situation to ban the marriage. There are scope of the same surname in Tang both similarities and differences in the Dynasty, as the professor Jin-Mei said： marriage ban conditions of Tang and “The Tang corrected the extremism of © 2013. The authors - Published by Atlantis Press 772 forbidding marriage between people of 1.4 A man who had a wife no longer the same surname , and enacted the ban married of the same common surname instead, Monogamy is an ancient marriage so as to realize the second leap in principle in our country, the Tang Chinese history of the institution of Dynasty is no exception, and it is marriage. ” forbidden the man who had a wife to 1.2 To forbid the marriage among the marry again. A wife asked a man only relatives own one wife, this is what the The marriage won’t be allowed patriarchal clan system means. among the relatives in Tang Dynasty 1.5 Forbid to rape in marriage including the marriage of statue of The Tang Dynasty denied and harsh generation with low generation and penalized the rape marriage. It can be marry the clan’s wife. seen from this rule“divorce even gave The range of relatives that won’t be birth”that The Tang Dynasty had the allowed to get marriage including the determination and attitude to prevent the mourning, the half, the daughter from rape marriage. wife and her pre-husband, the aunt, etc. 2. The marriage ban conditions of According to this rule, whatever the Song Dynasty relationship among them is mourning or 2.1 To forbid the marriage between non-mourning, as long as it is the senior people of the same surname. or the junior, they won’t be permitted to The ban marriage of Song Dynasty had get marriage. Otherwise, they will be development on the basis of inheritance of sentenced to crime and divorce. Tang Dynasty. The Song Dynasty continued To maintain the family ethics, the followed the rules of Tang Dynasty, still Tang Code prevented to marry the clan’s insisted on forbid ding the marriage wife, its aim is to maintain the inner between people of the same surname. order strictly. The rules appeared in The Song Code. 1.3 To forbid the marriage between To forbid the marriage between the good person and the mean person people of the same surname in Song On the question of marriage in the Dynasty belonged to the same common Tang Dynasty, it forbad the good person surname, it mainly referred to the marry the mean person. The good person relatives can’t get married who main body was farmers, the mean person originated from common ancestor, if mainly was maid-servants, the only had the same surname but not maid-servants were private property and originated from common ancestor, they the status was low. Once the mean wouldn’t be forbidden to get married. person marry the good person, he would 2.2 To forbid the marriage between be sentenced to beating 100, the ethnic groups. maid-servant was found guilty of theft if Since Song regime established, it she privately married the good person. was constantly threatened by the Thus it can be seen, the marriage system northern nationalities, with the of Tang Dynasty paid attention to protect coexistence of the minority regimes of the identity order and the feudal Liao, Jin and Ixia.etc. Such social hierarchy. background to reflect on the institution 773 of marriage is prohibited the Han and 2.5 Forbid to rape in marriage. other ethnic intermarriage in the Song Though the Song dynasty rulers dynasty, namely ethnic marriage is born of Wu Hang, they met the needs of prohibited. its rule of Confucianism into the In this regard, the court physically, political rule of law at the beginning of it cut off the practice that married the the regime, they forbad to rape in minority leader since the Han and Tang marriage. In order to maintain their dynasty. parents’ rights in the children's marriage, 2.3 To forbid the marriage between the Song Code made a clear regulation the good person and the mean person. that the rape marriage would be The Song Dynasty banned the sentenced to divorce. marriage between the good person and 3. The similarities and differences the mean person in the form of law and and the reasons of the marriage ban increasingly strict, the legal system also conditions increasingly perfect. 3.1 The similarities and the reasons. The Song Dynasty strictly rank, 3.1.1 To forbid the marriage status, and the corresponding rights and between people of the same surname obligations relations of the good person and the marriage among the relatives. and the mean person ,it asked people to Before the Western Zhou, "each in its points, keep its points", may Confucianism had no ban of the not be insurmountable. However, along marriage between people of the same with the rapid development of the surname. After the Zhou Dynasty, all commodity economy in the Song dynasties made this condition as Dynasty, the pursuit of wealth to become marriage ban. people's important target, the pursuit of To forbid the marriage between wealth led to marriages between the people of the same surname and the good person and the mean person. The marriage among the relatives have intermarriage destroyed the social scientific basis, the men and women hierarchy, therefore, the Song Dynasty related close to get married, easy to pass constantly enacted laws to reiterate the both physical and mental defects to their ban. The Song Code on the basis of the children, is not conducive to racial relevant provisions in the Tang Code, it flourish and prosperity. Though People had increased the scope of the mean in the Western Zhou dynasty cannot person, increased penalties for the accurately cognize the dangers of marriage between the good person and consanguineous mating from the the mean person. perspective of science, they had certain 2.4 A man who had a wife no longer simple cognitive of the nature rules married. related to the marriage law. The Song Code forbad the man To forbid the marriage between who had a wife to marry again. It asked people of the same surname and the a man can only marry a legal wife, marriage among the relatives is also a otherwise, the man would be severely patriarchal ethics requirement. The aim depressed by law. of Duke Zhou made ritual was to make the life of people to meet the 774 requirements of the patriarchal ethic 3.1.3 A man who had a wife no order. In accordance with the rules of longer married. order at the time, in the field of marriage, Since the Zhou dynasty in ancient it placed emphasis on male, emphasize China, a husband and a wife, is the basic distinguishing between men and women, principle of Chinese marriage system. sequencing between senior and junior, Ancient Chinese marriage etiquette will don't allow "incest" behavior among be compared to the moon and sun, the relatives resolutely. sun born in the east, the moon born in To forbid the marriage between the west, compare the moon and sun to people of the same surname and the Yin and Yang, thus draw the conclusion marriage among the relatives, not only that husband is Yang and wife is Yin.
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