晚清法律改革中“同姓为婚”问题的修订与争论

同姓男女禁止结婚是中国传统婚姻禁忌,自唐朝开始,历代皆有法律明文规定,即至明清,同姓不婚律文在社会运行中已成具文。晚清法律改革中,同姓不婚被修订为同宗不婚,此次修订结果虽没有跳脱出伦理的框架,却是同姓不婚本义的回归,更是对现实需求的准确回应。“同姓为婚”问题的修订与论争,不仅展现晚清法律改革面临的复杂形势,更呈现出传统法律深厚的文化内涵。

The prohibition of marriage be⁃tween men and women with the same sur⁃name is a traditional Chinese marriage taboo.Since the Tang Dynasty,there have been laws and regulations throughout history,that is,by the Ming and Qing dynasties,the prohibition of marriage between men and women with the same surname had become a concrete law in social operation.In the legal reform of the late Qing Dynasty,the term"non marriage with the same surname"was revised to"non marriage with the same ancestor".Although the result of this revision did not break away from the ethical framework,it was a return to the original mean⁃ing of"non marriage with the same surname"and an accurate response to practical needs.The revision and debate on the issue of"mar⁃riage with the same surname"not only demonstrate the complex aspects of legal reform in the late Qing Dynasty,but also present the pro⁃found cultural connotations of traditional law.