浅析元代的判决离婚

判决离婚即官府断离,是我国古代离婚诉讼中常见的司法形式。元代的判决离婚主要适用于犯“义绝”、和“违律成婚”类诉讼,这也是元代判决离婚的两大特点。这些强制性的离婚措施客观上起到了保护妇女权益的作用,但其根本目的是为了维护封建纲常、规范社会统治秩序。

On Yamen Judgement of Divorce During Yuan Dynasty

Sentencing to divorce by government (SDG) was the common form of divorce proceedings in ancient China. The SDG in Yuan Dynasty widened its range and could be suitable for the lawsuits such as "Yijue" and "Weilvchenghun". These are also two greatest characteristicseses of that divorces. These constrained divorce measures are objective to uprise to protect the function of the women rights, Its fundamental aims are to safeguard the cardinal guides and constant virtues in the feudal ethical code and to maintain public order; Objectively, also to protect women rights.