?Han Dynasty law stipulates: *** Men and women who enter into adultery and get married must be killed together
Found in Jiangling, Hubei in 1983, and officially announced and published by the Cultural Relics Publishing House in November 2001 "Zhangjiashan Han Tomb Bamboo Slips" resurfaces the long-lost Han laws. Among them, the laws on marriage and family have added many fresh and authentic historical materials to the study of the marriage history of the Han Dynasty. This article focuses on the prohibition on marriage in Zhangjiashan Han Bamboo Slips. The author hopes that by exploring this issue, it will contribute to the study of the history of marriage in the Han Dynasty and the comparative study of marriage legislation between the Han Dynasty and previous dynasties and later generations.
The prohibitions on marriage in Zhangjiashan Han Bamboo Slips can be summarized into six aspects, which will be discussed separately below:
First, it is forbidden to marry a fugitive. This law was first seen in the "Laws of the Second Year": "Law of Death": "Marrying a married woman and the deceased as a wife, and marrying a deceased woman, marrying a married woman, and being a matchmaker, knowing her love, will all be tattooed as Chengdan." pound. The true crime is serious, and the law is used to hide the sinner. Those who don’t know don’t. ?Here, ?***?specifically refers to married women who abandoned their husbands and fled, while ?departed people?refers to all people who have deserted their citizenship and fled. According to the provisions of this law, whether it is marrying a deceased person as a wife, marrying a deceased person as a wife, or even acting as a matchmaker for the deceased person, it is illegal and will be punished by "tattooing as if the city was broken". If the fugitive himself commits a crime, Seriously, the relevant personnel will also be subject to the law of concealing criminals, and the consequences will be even more serious. Zhangjiashan Han Bamboo Slips "Book of Admonishment" records a case of being punished for marrying a fugitive. Through it, we can have a clearer understanding of this prohibition. The general process of the case is: the woman escaped and cheated. They were called Wei Zeng Fu Ji and had their own book titles. They were the dependent population of Dafu Ming. The doctor Ming married Fu into a hidden official, Jie's wife, but Jie didn't know about Fu's escape. Later, Fu's escape was exposed, and both Fu and Jie were detained. According to Han law: "Marry the deceased as your wife, and the tattooed woman as the city's Dan. I don't know, there is no reduction." ?Therefore, although some officials said: ?The talisman has a name and the number of the place is clear. Marriage in the future is to unify the wife. The unknowing does not know her death, so it is not appropriate to comment. But the court replied: The law prohibiting marriage and fleeing is already quite clear and there is no need to discuss it further. Although the explanation is unknown, it should be considered as marrying the deceased as his wife. ?
In fact, the law prohibiting marriage to fugitives had already appeared before the Han Dynasty. "The Bamboo Slips of the Qin Tomb in Sleeping Tiger Land? Legal Questions and Answers" has similar content: "A woman's armor is gone and her husband dies." , Man B also died late, and he and his wife were married. A didn't complain about his love. When he was two years old, he gave birth to a son, so he complained about his love. But B didn't abandon him and got it. What's the point? When the tattoo city is broken. ?But the difference between Qin Law and Han Law is that Qin Law can still be lenient to the party who is neither fleeing nor knowing about it. The same is from the "Law Questions and Answers": "A marries a deceased man as his wife, but does not know that he is dead. How can he have a son? Now that he has obtained it, how can he place his son?" When given. Or become a public servant? Entering the public is different. When he was given, he was immediately returned to man A, and when he entered the palace, he was not an official slave. It can be seen that man A was treated leniently because he did not know the identity of the deceased wife he married, and he had nothing to do with the deceased. The children born to the son shall also be given to him. At the same time, the Qin Law did not uniformly tattoo women who abandoned their husbands and fled into the city, but treated them differently according to different situations. "Legal Questions and Answers": "Woman A is a *****. If she goes into exile, she can escape on her own. Xiaowei Is it inappropriate to say that there is a surplus of six feet? If you are an official, you should discuss it; if you are not an official, you should not discuss it. ?The ancients used six feet as a sign of reaching the age of fifteen. If the number is less than six feet, it means that they are under the age of fifteen. It can be seen that the Qin law dealt with women who escaped from marriage under the age of fifteen in two situations: If they were originally If the marriage has been registered with the government, that is, the so-called "official marriage", then it will be punished; but if the original marriage has not been registered with the government, that is, "unofficial marriage", then it will be exempted from prosecution.
The Han laws were originally inherited from the Qin laws, but they were even more stringent than the Qin laws regarding the marriage of fugitives. The reason for this can probably only be attributed to the fact that officials and people deprived themselves of their citizenship and went into exile in the early Han Dynasty. The phenomenon was so serious that the Communist Party had to use severe punishment to prevent the exile. According to the "Book of Han? Chen Ping Biography", Emperor Gaozu of the Han Dynasty passed south to Quni in the seventh year. When he saw the five thousand households in Quni City, he exclaimed, "What a great county!" ?Look back and ask the censor: ?What is the household registration of Qu Ni? He said: "At the beginning of the Qin Dynasty, there were 30,000 households. During the period, there were many soldiers and many died and went into hiding. Today, there are more than 5,000 households." This shows that the household registration in the early Han Dynasty has been greatly reduced compared to the Qin Dynasty. Even until the twelfth year of Emperor Gaozu of the Han Dynasty, the situation did not improve much. At that time, the people of the famous capital were dispersed, and the number of household registrations that could be obtained was reduced to ten or three. However, for an autocratic country, the size of the population that the government can control is a major matter related to national taxes, taxes, and the rise and fall of chaos. A large number of people fleeing their citizenship directly poses a threat to the country's survival and security. For example, Xu Qian's " It is said in the chapter "Minshu" of "Zhonglun": "The household registration is leaked from the national edition, the husband's family is separated from the alliance, there are those who avoid military service, there are those who abandon donations, and there are those who live on food." As a result, treacherous intentions are competing with each other, and falsehoods and falsehoods are committed. Small things include theft, and big things include robbery. Severe punishments and laws cannot save them. In order to curb this situation, Han law has formulated quite strict punishment regulations for people from different classes who flee. The "Two Years of Laws and Laws of Death": "If officials and people die, if the surplus is the same year, the death will be patient; if there is no surplus, the death will be the year of the city." On the first day of the dynasty, public servants, wives of public servants and above are appointed to the government, and they all pay for their death. When he comes out, he can be flogged for fifty times and given things to do. They all come from the day of death. ?Once the city was destroyed, it was tattooed. When the city was restored, it was pounded. The ghosts are white and charming, and they are all beaten hundreds of times. ?If you are a concubine and have a deceased person, if you have a surplus and die at the age of six, it will be six years old; if you don't have a surplus, you will die at the age of three. Come out from the mouth, mouth. It died at the age of three, and died at the age of six; it died at the age of six, and it was completed by Cheng Dan.
?For those who dare to take in fugitives, the "Law of Exodus" also stipulates specific punishment measures: ?Anyone who has died and died of sinners without knowing his death will be tattooed and redeemed for more than five days; To endure sins, and to take away, concubines, slaves, and those who have lost more than 12 months, they can be redeemed. ?The prohibition on marrying fugitives in the law is nothing more than a measure to minimize the hiding of the fugitive population.
One thing that needs to be explained is that the reason why Han law specifically prohibits marriage with women who have abandoned their husbands and fled is that the increasingly fierce protection of husband's rights from the pre-Qin to the Qin and Han Dynasties is also an important factor. According to the concepts at that time, The status of the husband is equal to that of heaven. It is said that the father is the heaven of the son, and the husband is the heaven of the wife. Heaven is inescapable and the husband is inseparable. If the husband has evil deeds and the wife cannot leave, the earth will not exist. What is the meaning of going to heaven? Women abandoning their husbands and fleeing are not only against national law, but are also treasonous according to the religious principles. Therefore, the relevant legal provisions are particularly detailed and strict.
Influenced by the laws of the Qin and Han Dynasties, many dynasties in later generations also had laws prohibiting the marriage of fugitive women. For example, the law of the Tang Dynasty stipulated: "Anyone who marries a fugitive woman as his wife or concubine will be guilty of the same crime as the one who knows it, and the penalty will be reduced by one to the deceased." wait. Leave it. The clear law stipulates: If a wife betrays her husband and runs away, she will be given a hundred sticks and she will marry her husband and sell her to her. Therefore, those who remarry will be hanged. ?The owner of the nest and the person who married with knowledge will be guilty of the same crime, and the deceased will be reduced by one level. ?
Second, intermarriage between slaves and masters is prohibited. "The Second Year of the Law and the Miscellaneous Laws": The slave takes the master, the master's mother, the master's wife, and the son as his wife. If he commits adultery, he abandons the market, and the slave's daughter becomes a concubine. Its violence and rape are eliminated by force. ?Strictly speaking, what the Han Code prohibits is only marriage or sexual relations between slaves and their mistresses, but there is no objection to similar behaviors between female slaves and their male masters. For example, it is also stipulated in the "Miscellaneous Code" : When a master's maidservant commits adultery, he or she has a son, and the son is given to the master, and they are all slaves. This only mentions how to deal with the children born to the male master and his maidservant, but does not stop the behavior of the master's maidservant's adultery; Another example is another article in "Miscellaneous Codes": "The brothers, the wives of Ji's father and uncle, and the imperial maids are all tattooed as Chengdan Chung." Fu Nan's brothers and sons, the wives of Ji's father and uncle, his sons' wives, and the imperial maids all became Cheng Dan. The so-called maidservant is a female maidservant who has sexual relations with the male master. Here, the act of raping the master's maidservant is not only not prohibited, but is even protected.
The reason why Han law restricted the intermarriage or sexual relations between slaves and masters was only between the slave and the mistress, because in the male-centered society at that time, women were just slaves. In other words, women have three obediences, one of which is to "obey their husband once married". If a hostess marries the wife of the family, then from the perspective of safeguarding husband's rights, she should be inferior to her husband, but from the perspective of maintaining husband's rights, she should be inferior to her husband. From the perspective of maintaining the slave system, this is impossible? The inversion of master-slave status is a great challenge to the hierarchy! Therefore, this article in the Han Code was established to ensure that the interests of the slave-owner class were not harmed, and to provide legal intervention and precautions in advance for various possible behaviors. However, when a woman achieves a certain status, her marriage to the original hostess is no longer subject to this prohibition. The most typical example of this is Princess Wei Qing Shang Pingyang. Wei Qing was originally a slave in Princess Pingyang's house, and later became a marquis for his military exploits. Princess Pingyang was a widow, and she discussed with the people around her whether the chief minister Anzhong could marry him. They all said that General Wei Qing could be the husband. How can I use my order as a husband if I have my cavalry coming in and out of my ears? ?The attendants on the left and right said: ?Now the general's sister is the queen, and the third son is the marquis. The wealth and honor are shaking the world. How can the Lord change this? ?So the Lord promised it. The Queen of Yan, Ling Bai's Emperor Wu, is Princess Yan of Zhaowei General Shang Pingyang. ?
It is worth noting that although the Han law restricted the intermarriage between slaves and masters only in terms of wives and mistresses, the development of this prohibition was from the Northern Wei Dynasty to the Tang and Song Dynasties. , Liao, Jin, Yuan, Ming and Qing, all dynasties have laws about the non-marriage between good and humble people, and they are becoming more and more detailed and strict. Take the "Laws of Household Marriage of Tang Dynasty" as an example: "All slaves marry the daughter of a good man as their wife" Those who live there will only have one and a half years of service; the female family will be reduced by one level. Leave it. The same goes for his slaves who marry themselves. Those who know the truth will be given a hundred sticks; therefore, those who are registered as maidservants will travel three thousand miles. That is, the person who mistakenly regards his slave as his beloved and marries his beloved as husband and wife will only live for two years. Everyone returns justice. Miscellaneous households are not allowed to marry their beloved. Anyone who violates this will be punished with a hundred sticks. The same goes for officials who marry a good woman. If a good man marries a woman from an official household, he will be given a second class? "Laws of the Tang Dynasty: Household Marriage Laws" briefly discusses the so-called "people have their own partners, and their colors must be the same." Since the good and the bad are different, why should we cooperate? ?It should be the interpretation of the legislative principle of the law that good men and low women should not marry.
Three, adultery is prohibited. Adultery stipulated in Han law is divided into two categories. One is adultery between ordinary men and women who are not related by blood, and the other is adultery between people who are related by blood. The two types of adultery have different seriousness and different punishments.
Regarding the former, "The Second Year of Laws and Orders" Miscellaneous Laws: "Everyone who has an affair with an adulterer, and whoever is involved with him, is completely destroyed by Chengdan." The officials are also judged by ***. This rule of Zhangjiashan Han Bamboo Slips is also found in Dunhuang Xuanquan Han Slips II90DXT0112②:8. The contents of the two are basically the same. Adultery is adultery. According to the provisions of this law, the general punishment for an adulterer is: "Chengdan torture". If the adultery involves a government official, the crime will be increased to a first-class punishment, and it will be treated as ***.
However, judging from the cases in Zhangjiashan's Han Bamboo Slips "Book of Remonstrance", when the Han Dynasty actually sentenced the adulterous parties, they did not treat this law as a dogma, but treated it differently according to the specific circumstances. For example, Du County Lu After the death of her husband, Gong Shiding, woman A here committed adultery with man C, and was reported by her mother-in-law Su. Tingwei and others wanted to accuse woman A of being unfilial and arrogant, and sentenced her to be tortured. However, Ting Shishen believed that woman A committed adultery after her husband's death, and it was a crime of "deceiving her husband to death". The punishment should be lighter than that of committing adultery while the husband was still alive. Therefore, the sentence of "being beaten to death" was too harsh. Later, the Tingwei adopted the opinions of the court historian Shenyan and reduced the crime of the woman A. According to Mr. *** Sheng and Zhang Defang's review of "Historical Records" and "Hanshu", the sentencing of adulterers in the Han Dynasty ranged from being exempted from the title to being abandoned in the market. The differences were very different. The differences should also be specific issues. The results of specific analysis.
Regarding the latter, "The Second Year of the Law and the Miscellaneous Laws": "Those who share the same property and commit adultery will marry each other as their wives, and the married woman will abandon the market." Its violence and rape are eliminated by force. The so-called "same origin". When the Zhangjiashan Han Bamboo Bamboo Bamboo Collection Group annotated the "Second Years of Laws and Thieves", they cited the "Book of the Later Han Dynasty: Ming Emperor Ji" as saying "same origin, brothers from the same mother". This explanation is obviously deficient. of. The term "tongzheng" is very common in Qin and Han literature. It can refer to both brothers and sisters. In Zhangjiashan Han Bamboo Bamboo Bamboo Bamboo Bamboo Bamboo Bamboo Bamboo Slips, "The Second Year of the Law" "Zhihoulu" contains "men with the same birth" and "female with the same birth". ?'s statement; it can refer to brothers and sisters from the same father and mother, or brothers and sisters from the same father and mother. For example, the "Hanshu Biography of Empress Yuan" states: "The Queen Mother was born in the same birth, Weiman died early, and Yu Bihou But in fact, among Wang Zhengjun's five brothers, only Wang Feng and Wang Chong share the same mother with him, and the other three Wang Man, Wang Shang, and Wang Li all share the same mother with him. Therefore, Zhang Yan noted: ?Having the same father means having the same birth, not necessarily the same mother.
The prohibition of "homosexuality and adultery" in Han law is actually a prohibition on consanguineous endogamy. Consanguineous endogamy is a primitive form of marriage. In this form of marriage, same-blood consanguinity is prohibited. The relationship between men and women is not only brother and sister, but also husband and wife. The well-known "blood family" is the synonym for this kind of marriage relationship. However, with the development of human society, consanguineous endogamy has been abandoned in primitive times. Especially after entering the civilized era, due to the increasingly mature and perfect ethical concepts, consanguineous endogamy is regarded as a taboo in human relations. "Zhou Zhou" "Li Xia Guan Sima" denounced this behavior as external and internal chaos, and the behavior of birds and beasts. However, up to the Han Dynasty, this kind of behavior was still not banned. Judging from the records in "Historical Records" and "Hanshu", there is more than one case of "co-creation and adultery": Prince Dan of King Pengzu of Zhao and his wife A daughter had an affair with her co-birth sister, Guangchuan Mu King Liu Qi had an affair with his co-birth sister, Qi Li Wang Liu Cichang had an affair with his sister-in-law, Dai Wang Liu Nian had an affair with his female brother when he was the prince, and so on. It is precisely because these phenomena still exist that laws prohibiting homosexuality and adultery were promulgated. However, the legislation belongs to the legislation, and the actual law enforcement is not strict: although Prince Zhao Dan was arrested and imprisoned, he was later pardoned, and his father once sought to "reinstate Dan as the prince", which shows that the punishment was not very severe; When Wang Nian sat down and had an affair with his sister, he was only demoted to a commoner and moved to a mausoleum. He was even given a hundred households in Tangmuyi.
Fourth, prohibition. The previous quote from the "Second Years of Laws and Regulations": "Fu's brothers, Ji's father's and uncle's wives, and the imperial maids were all tattooed as Chengdan Chung." Fu Nan's brothers and sons, the wives of Ji's father and uncle, his sons' wives, and the imperial maids all became Cheng Dan. ?Revisited, the Zhangjiashan Han Bamboo Blips Compilation Group explained it?, and quoted Du Yu's annotation in the third year of Xuan Gong's "Zuo Zhuan": ?Han Code: The wife of Ji's father who is promiscuous said?. This provision of the Han Code is actually a denial of marriage and marriage since the pre-Qin Dynasty. Hao, "The Book of Songs Bei Feng Xiong Pheasant" Kong Yingda Shu Yin Fu Qian said "Shangxue Yue Hao" refers to sexual relations with the wives and concubines of the immediate elders. The so-called "father dies and his wife is his stepmother" is its typical form; Having sexual relations with the wives and concubines of collateral relatives, as mentioned in the Jianwen: "Fu brothers, Ji's father's uncle's wife, and imperial maid"; Although the Zhangjiashan Han Bamboo Slips do not directly reflect the prohibition of "Hao", in the actual judicial activities of the Han Dynasty, the punishment of "Hang" was more severe than the punishment of "Yan". King Liu Dingguo of Yan and his father King Kang's concubine had an affair and gave birth to a son. He took his brother's wife and made him a concubine. Liu Dingguo committed adultery with three of his children. After the incident, Emperor Wu of the Han Dynasty issued an edict to the ministers. They all agreed that Liu Dingguo should be punished for his behavior as a beast, disordered human relations, and defied nature. As a result, Liu Dingguo committed suicide and the country was reduced to a county. Prince Xiao of Huainan then sat down. He committed adultery with his father's maid and abandoned the city; Dongmou Hou Guan Po was convicted of adultery with his father's maid and committed suicide, and the country was wiped out; King Kuan of Jibei had an affair with his father's Queen Guang and Ji Xiaoer, and Emperor Zhao of the Han Dynasty pursued him. He killed himself with a knife. ?Since the Han Dynasty, there have been prohibitions on 烝烝 and 烝烝, in all dynasties. For example, "Jin Shu Criminal Law Chronicles" states: "Abandoning the market is ordered by uncles and aunts who commit adultery again." "Laws of the Tang Dynasty: Household Marriage": "Anyone who marries a wife who has avoided marriage will be punished with a hundred sticks each; and those who marry the wives of uncles and nephews will be punished for one year; those who have performed minor meritorious deeds or above will be considered adulterers." Concubines, each reduced by two levels. And leave it. ?In the Ming and Qing dynasties, the scope of prohibition was even expanded than in the Tang Dynasty. All wives and concubines of relatives of the same clan were included in the ban. Those who had wives of the same clan who were not obedient to relatives had to be punished with a hundred sticks. The wives of uncles were beheaded, and the wives of brothers were beheaded. The wife will be hanged.
Fifth, marriage between foreign countries is prohibited.
This prohibition of the Han Code is found in a case in the "Book of Annunciation": In July of the 10th year of Emperor Gaozu of the Han Dynasty, the court of Jingzhaohu County issued a judicial document requesting a verdict on the crime of Qilinzi Prison Shilan. The general process of the case is as follows : Qi Linzi Prison Shi Lan escorted the former Qi noble Tian family to Chang'an. After arriving in Chang'an, Lan married Nan, a woman of Tian family, and wanted to return to Linzi with her, but was captured by the officials. According to the prohibition at that time that other countries were not allowed to marry foreigners, the marriage between Lan and Nan was illegal, so Lan should not marry Nan as his wife. The officials considered that Lan was guilty of being lured from the princes, or that he should be accused of committing adultery and concealing tattoos. In August of the same year, the final verdict was that Lan should be tattooed as Chengdan.
The so-called "forcing other countries not to marry people from other countries" actually prohibits marriages between people from all countries, including the central dynasty of Han Dynasty and various vassal states. The reason for this law in the early Han Dynasty should be due to the deep distrust of the vassal states by Liu Bang, the founder of the Han Dynasty. During the Chu-Han War, Liu Bang enfeoffed seven princes and kings with different surnames in order to gain an alliance to defeat Xiang Yu. However, Liu Bang had always been extremely wary of these kings who were not Liu family members, and he immediately eliminated them after he ascended the throne and proclaimed himself emperor. , replaced by princes with the same surname. However, no matter the princes with different surnames or the princes with the same surname, they are all separatist forces that occupy large areas of land and support their own troops. Therefore, Liu Bang can never be completely reassured. Although several articles in the "Two Years of Laws" were formulated during the Chu-Han War, they were not until Liu Bang said The laws specifically for the vassal states that were still retained after the emperor were enough to show Liu Bang's suspicion and precautions against the vassal states, such as "The Law of Thieves": "Use the city and pavilion to block the rebellion, surrender the princes, and guard the city and pavilion to make the princes When people come to attack and rob, those who do not hold on and abandon them, those who surrender, and those who conspire to rebel will be cut in half. His parents, wife, and siblings all abandoned the market. ?Also "Laws of Capturing": ?Capturing a man who came from the princes to serve as a servant, he was given a first-level nobility, and he bought another 20,000 yuan. Those who are not worthy of the nobility will be given tens of thousands of dollars and can make purchases. ?For the same reason of security, Han law also strictly prohibited "tempting from the princes" and "trafficking" the "dead princes", and prohibited people from foreign countries from marrying each other, just to block the possibility of someone borrowing money to marry. The name is used to lure people from the vassal states or to escape to the vassal states in order to prevent disadvantages to the central dynasty. Previously, Shi Lan, who was imprisoned in Linzi, Qi, married Nan, a woman who had moved to the Han Dynasty. This violated such a taboo. As a result, Lan was regarded as a "Qi State who seduced the Han people", and Nan was treated as a "vassal prince". Judging from the literature, it seems that the Han Dynasty's law prohibiting foreign marriages has been in effect for a long time, because until the end of the Western Han Dynasty, General Peng Xuan of the Left Army was dismissed by Emperor Ai of the Han Dynasty for marrying the King of Huaiyang on the grounds that it was "not a country's rule." However, the law prohibiting foreign marriages seems to only target officials and common people, and does not include the Han royal family. A typical example is that Liu Bang married his eldest daughter Princess Lu Yuan to Zhao Wang Zhang Ao. In addition, Emperor Wu's mother, the Queen Mother, also wanted to marry her His granddaughter E married to the State of Qi, but she gave up because of the opposition of the State of Qi. Perhaps because the intermarriage between the Han royal family and the vassal states was in the nature of a political marriage, it was not subject to this prohibition.
Sixth, it is forbidden to marry someone else. "The Second Year of the Law and the Miscellaneous Laws": "Forcing a man to be his wife and helper, and beheading his left toe to make him the Dan of the City." ?Lue,
Volume 2 of Yang Xiong's "Dialect": ?Sou, Lue, seek. During the Qin and Jin Dynasties, it was called Sou, when entering the room, it was called Sou, and when it came to Taoism, it was called Lue. To omit it is to take it by force. ?According to this explanation, "taking people as wives" in the Han Dynasty refers to the act of blocking roads and robbing women to take as wives and concubines. In the early Han Dynasty, because the social order was not yet stable, the crime of robbing people was very rampant. Therefore, there were many laws in the Han law about severely punishing the crime of robbing people and encouraging the officials and the people to arrest such criminals, such as the "Two Years of Laws and the Law of Robbery" 》: If the person who sells the item has not sold it, then it is all wrong. ?The person who knows someone and sells it to Jia is the same crime. ?The "Two Years of Laws and Regulations": "The deceased, the wife who has been cheated, the person who has been betrayed, the person who cheated, the person who forged the seal will be guilty of abandoning the market, and the purchase price will be ten taels of gold." Once he was punished in the city, he was punished with four taels of gold. Complete the city in two ounces. ?
Snatching people as wives is also part of the crime of robbing people, so it is natural to crack down hard on them. In fact, judging from the literature, beheading the left toe to become a chengdan was not the most severe punishment in the Han Dynasty for those who cheated their wives. The data shows that there were more severe punishments. According to the "Hanshu Biography of Chen Ping", Chen Ping's great-grandson , Qu Nihou Chen He is? Sitting on the throne and abandoning the market?
After the Han Dynasty, the Tang law reduced the penalty for the crime of concubinage, only three years of imprisonment. The reason was that the Tang law had a different interpretation of the nature of the crime of the concubine than that of the Han Dynasty. "Tang Dynasty" "Law of Thieves and Thieves" comments: To taunt others is to devise strategies and take them. In this way, trespassing and robbery and kidnapping of people will turn into theft and trafficking of people, and the identification of the nature of the crime will be reduced. , the penalty will also be reduced. However, in the Ming and Qing dynasties, the punishment for the crime of stealing someone's wife became more severe. The Ming law stipulated that anyone who took the wife and daughter of a good family and raped them as wives or concubines, or gave or sold them to others as wives and concubines, would be punished by hanging; in the Qing law, On the basis of retaining the clear law, it also further added the content that "whoever gathers a crowd to rob women on the road, sell them, or make them into slaves as wives, concubines, or maids," the leader will be beheaded, and all the followers will be hanged and imprisoned.
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In summary, the marriage ban in the Han Dynasty was not only related to marriage issues, but also the political situation, class relations, ethical concepts, and social security at that time. and other factors are reflected in marriage legislation. The marriage ban in the Han Dynasty had a strong normative significance for marriage at that time, and also had a significant and far-reaching impact on the marriage legislation of later generations. Therefore, it is not only necessary but also meaningful to seriously examine this issue.