唯物史观视域下性契约与婚姻的关系

The Relationship Between Sexual Contracts and Marriage by a View of Historical Materialism

性契约源于人类的动物本能,具有自由性;古代"昏姻"制度始于劫掠女人,具有人力的强制性;秦汉至清末习惯法内的性契约与制度法上"昏姻"名异质同:国家管理官办、民办妓院式性契约;"正妻""媵""妾"都采用了买卖或交易程式,除了丈夫买入自享外,还被转卖、转赠其他人。政治、经济、文化等联合规制了性契约与"昏姻"的交会。现代婚姻是性契约的制度法完备形式。当前应通过创设女性思想教育体系、普及学科教育以挤压非婚姻形式性契约的空间。

The sexual contracts come from animal instinct of the human beings ,and it has properties of freedom ;The ancient Chinese system of “kidnapped marriage” derives from robbing girls for sex when it was dim ,and It has properties of fist‐force;They has different names and same content between the“kidnapped marriage”within the Customary law and the marriage in the institutional Law since Qin and Han Dynasty to the date of Qing Dynasty ：The imperial power was managing the brothels of official sexual con‐tracts and folk;One man had enjoyed the girls before paying to their fathers ,the girls were treated as the sexual partners of differ‐ent names and be resold or given another man .The political ,economic and cultural factors decided the change of the sexual con‐tracts by scattering “kidnapped marriage” into the Institutional law ;The modern marriage is a complete system in the institutional law .Creating feminist education system and popularizing subject education would decrease the non‐marital sex .