关于《宋刑统》中的婚姻制度浅析

A Brief Analysis of the Marriage Clauses of “Song Xingtong Law”

封建婚姻制度发展到宋代已经具备了系统的规则与流程,并且通过一代代人的传承与改进,具有特定历史朝代的特色,同时对社会生活产生重要影响。处于中国封建历史转折点的宋朝,承接唐代遗风,社会风气较为开明宽容,但随着社会发展进程的推进,宋代礼教束缚由松入紧,对后世产生深远影响。通过梳理分析《宋刑统》中的婚姻条款,了解宋代缔婚的原则、法定条件、离婚的基本形式以及宋代女性在婚姻当中拥有的权利,洞察宋代女性在婚姻法律中的地位。在此基础上,以关于女性婚姻权利的法条为依据,比较宋代跟其他朝代关于女性婚姻权利的不同之处,这有利于我们进一步发现宋代女性婚姻地位的变化发展,总结经验教训,进而为完善与改进我国的婚姻法规提供些许启示价值。

When the feudal marriage system developed into the Song Dynasty, it already had systematic rules and procedures, and through the inheritance and improvement of generations, it had the characteristics of a specific historical dynasty and had an important impact on social life. The Song Dynasty, which was at the turning point of Chinese feudal history, inherited the legacy of the Tang Dynasty and had an open and tolerant social atmosphere. However, with the progress of social development, the shackles of the Song Dynasty ethics changed from loose to tight, which had a profound impact on the later generations. Through combing and analyzing the marriage clauses which are “Song Xingtong law”, we can understand the principles of marriage, legal conditions, basic forms of divorce and the rights of women in marriage in Song Dynasty, and gain insight into the status of women in marriage law in Song Dynasty. On this basis, the author compares the differences between the Song Dynasty and other Dynasty on women’s marital property rights, which is helpful for us to further discover the changes and development of women’s marital status in the Song Dynasty, sum up experience and lessons, and then provide some enlightenment value for perfecting and improving China’s marriage laws and regulations.