唐代主婚人制度和媒妁制度的法律观照

Legal View on the System of Presiding over Wedding Ceremony and Matchmaker System in Tang Dynasty

唐代立法者在“一准于礼”的立法思想指导下,首次以成文法的形式对“父母之命”和“媒妁之言”进行了重新确认和规范,精心构建了一个相对完善,既符合传统礼法之要求,又能较好实现法律调整和干预社会目的的主婚人制度和媒妁制度,即根据宗法血缘关系的亲疏远近、尊卑长幼来确定主婚人的范围。与此同时,还明确规定了不同主婚人各自所应该享有的主婚权。嫁娶用媒正式成为婚姻成立的法定条件,有无媒妁成为婚姻是否合法的标志之一。

Guided by the legal principal of ＂the supremacy of etiquette＂, the legislators in Tang Dynasty reconfirmed and standardized ＂parental order＂ and ＂matchmaking promise ＂, constructed a relatively satisfying system of presiding over wedding ceremony and matchmaking system which both met the requirements of traditional etiquette and also helped to adjust and intervene in the society, as is the function of legislation. According to those systems, the closeness of kinship, age and social status were taken into consideration when choosing the presiders over wedding ceremony. In the meantime, the rights of different presiders are clearly stipulated. Having a matchmaker became a term for the legal recognition of marriages.