秦国婚姻制度研究

秦国婚姻制度包括王室嫡庶妻等级婚制和庶民一夫一妻婚制。前者发轫于春秋,形成于战国秦惠文君称王之后。特点有三:一是秦王室虽然实行嫡庶妻等级婚制,但继承君位的往往不是嫡长子;二是秦君庶妻之子一旦为王,其母即可尊为太后,不受出身贵贱,班次高低的影响;三是秦国太后生活淫乱,贞节观念淡薄。后者是商鞅运用国家政权和法律的强制力量,拆散大家庭而形成的。特点有四:其一,庶民婚制一般只能构建父母妻子型和夫妻子型两种家庭形态,而不能构建父母兄弟妻子型大家庭;其二,秦可能有婚姻缔结要经官府认可的规定;其三,秦有弃妻登记的法律规定;其四,秦律禁止夫妻关系淫乱。

A Study of Marriage System in Qin Kingdom

marriage system in Qin Kingdom was composed of ranking polygamy for royal family and monogamy for common people.The former one emerged in Chun Qiu Kingdom and came into being in Zhan kindom after emperor Hui Wen took his throne.It has three features.First,the one who inherited the throne was not always blood elder son despite the ranking polygamy system.Second,once the son from common wife became king,his mother no matter how low position she had would be entitled with queen.Third,the queens in Qin lived a promiscuous lives and had less consciousness of loyalty.The latter one was formed by Shang Yang through separating big families with state power and law.It has four features.First,generally there were only two patterns in this system:parent wife children and husband-wife-children.Big families with parents and brothers were not allowed to exist.Second,validity of marriage must be authorized by government.Third,people had to obey the law to give up their wives.Fourth,promiscuous relations between husband and wife were banned according to law.