摘要
考诸出土文献及传世文献可知,秦朝婚姻法规定男女良贱可以通婚,保护女性权利,追求公法本位,体现出身份界限尚不严格、夫妻地位相对平等、私法公法化的特征.究其原因,当与秦朝门第观念、社会结构、妇女社会参与度、法家思想治国、社会风气等有密切关系.秦朝在婚姻法中弘扬普法精神,提倡依法保护弱势群体权益,对于完善现代婚姻法具有一定借鉴意义.
Abstract
From the related historical documents and the excavated documents,it can be seen that the marriage law of the Qin dynasty allowed intermarriage between different classes and ethnic groups,protected women's rights,and followed the principle of public law,reflecting the characteristics of law identity boundaries,the relatively equal status of husband and wife,and the tendency of private laws to become public.The above characteristics are closely related to the Qin Dynasty's concept of nobility,social structure,women's social participation,the rule of legalism,and the social atmosphere.The mar-riage law of the Qin dynasty promoted the spirit of legal popularization and advocated the protection of the rights and interests of vulnerable groups in accordance with the law,which is of some significance for the improvement of modern marriage law.
维普
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