On the tenth day of February in the fourteenth year of Qianlong (1749), Du Zerong, a local protector in Xiafeng Village, Xi'an County, Shanxi, reported to the county magistrate that at noon that day, Yan Hongting, a native of Anyi County, went to Cui Erheng's house and stabbed Cui Erheng's wife Zhang Shi to death with a knife. The county official Hu Longfa immediately rode down from the commander to the corpse office, and examined the corpse and found that Zhang Shi had several knives in the neck and bled to death. So, what kind of hatred did the murderer Yan Hongting have with Zhang Shi, and why did he kill her in this way?
After examining Zhang's body and investigating it, the county court learned that the original murderer, Yan Hongting, was actually Zhang's "ex-husband", and that Zhang was the wife of a husband before marrying Cui Erheng. Cui Erheng's previous wife died, and Zhang shi was only married by Cui not long ago. The inscription, which is now in the First Historical Archive of China and is to be reported to the Qianlong Emperor's Cabinet Criminal Section, is slightly different from most criminal section inscriptions, and this inscription is appended with detailed interrogation records of the county court. From this, we can see how the county court found out the fact that this low-level woman Zhang Shi was "divorced" and killed.
The county magistrate interrogated Cui Erheng to see if Cui Erheng knew that Zhang Shi had "married a husband" before causing this disaster.
Buyer (Cui Erheng)
The county magistrate asked (Cui Erheng): How old are you, qianlong thirteen years in November you married Zhang Shi as a woman in Anyi County, he (she) is a married wife, do you know why you married? How much practical gift silver? Who says marriage? On the tenth day of the first month of February in the fourteenth year of Qianlong, Yan Hongting rushed to your house and how to stab your woman to death.
Cui Erheng confession: The younger Chinese New Year's Eve three years old, to do business in Yuncheng, because the woman died, he found a wife in yuncheng to the media King Zhang. In November of the thirteenth year of Qianlong, Wang Zhang came to tell Xiao that Yan Qisheng's son Yan Hongting had died, and his wife Zhang Shi had not eaten or dressed, and he wanted to remarry, so you should marry. How old is the little one, and how much money is needed? He or she said that he or she was twenty-seven years old this year, and he wanted forty-one or two pieces of money and silver, and the little one agreed. On November 21, he went to marry Zhang Shi and did not meet Yan Hongting. Zhang Shizhen's father, Zhang Shizhen, said in front of him that his daughter was really widowed and was willing to write a marriage certificate. The small letter is the truth, and when the money is forty-one taels, it is Yan Qisheng who receives it. Marrying Zhang to a small family was the twenty-seventh day of that month. Yan Hongting went to the small family and said that his surname was Chen, and the little woman Zhang Shi was an uncle and brother, and he wanted to take the little woman back. The little one did not promise to do so because he was nearly old, but he believed in his relatives who had left him to eat wine. He and the little woman said something, and the little one didn't know. Women don't ever tell the little ones either. On the ninth day of the first month of this month, the little one went to the home of his father-in-law Zhang Shizhen to make a birthday for his mother-in-law, and did not return home. There was only his grandmother and the hired worker Wei Xicheng in the family, and he didn't know how Yan Hongting entered the hospital and stabbed Zhang Shi to death.
The county magistrate continued to interrogate Cui Erheng: Yan Hongting said that on November 27, 13, Qianlong, he came to your house to discuss with your woman to escape, but your woman refused, and asked him to go to Qianlong in February of the fourteenth year to pay respects to her mother's birthday and then fled. Come again.
Cui Also Confessed: Yan Hongting pinched the chen surname and said that he was a cousin with a small woman, and the small original left him to eat wine. How they discussed escaping was hidden, the little one did not know, and the woman did not tell the small one. The little one is with the woman for two or three months, and she does not say that she is a married woman. Therefore, the little one did not know the details and did not dare to lie.
Although the Qing Dynasty government attached great importance to women's "chastity" and the imperial court also advocated women's observance of the festival through the way of jingjing, in the face of the pressure of survival and poverty, the actual situation of civil society was not always consistent with the intention of the government to attach importance to "etiquette". Although the Qing government attached importance to women's chastity and encouraged women to observe chastity, due to the many practical dilemmas faced by women's observance, it was not uncommon for widows to remarry in civil society. Moreover, for the bridegroom (buyer) in the lower society, the cost of marrying a remarried widow is obviously more affordable, and they consider the actual cost more. In this case, Cui Erheng did not care that Zhang Shi belonged to remarriage, and his concern was first, the cost of financial gifts, and whether Zhang Shi was young. If both are true, the marriage is also easy to accept.
In order to gain the trust of the buyer Cui Erheng, Yan Hongting, together with his wife, Yan's father, and his wife Zhang's father, accused Zhang of being unable to keep the festival because of the death of her husband, lack of clothes and food. After interrogation, the county court believes that Cui Erheng is not aware of Zhang's specific situation and the real relationship between her and Yan Hongting.
The county magistrate then interrogated the murderer, Yan Hongting, hoping to find out why and how Yan Hongting killed the "divorced" woman Zhang Shi. After all, there was once a husband and wife, and now why do they have to hurt the killer.
Ex-husband (Yan Hongting)
Xian Ya asked (Yan Hongting): Where are you from, how old are you, is the dead Zhang Shi your woman? Married for a few years, have you had any children? Why did you sell Zhang to Cui Erheng as a wife? How many gifts have you received? Did Cui Erheng and the matchmaker King Zhang Clan knowingly marry? On the tenth day of The first month of February in the fourteenth year of Qianlong, how did you rush to Cui Erheng's house and kill Zhang Shishi? Where did the murder weapon come from? Where did she stab her? One by one, according to the facts.
Yan Hongting: The younger one is a native of Yuncheng, Anyi County, this deceased Zhang Clan was originally a small woman, married for twelve years, and had a son, named Chengwa, who was also ten years old. In October of the thirteenth year of Qianlong, Xiao Xiao was very poor and wanted to sell his son, but Zhang Shi did not rely on it. After two days, the little one said to Zhang Shi again, I really can't go over, sell you to get some money and live a life, and after a few days later, I will try to escape with you. Zhang Shiyi was small.
The younger one consulted with his father Yan Qisheng and his father-in-law Zhang Shizhen, saying that they were so poor that they could only sell twice to escape. The little one did not dare to come out, and his father Yan Qisheng said to the matchmaker Wang Zhang that my son Yan Hongting was dead, and the son-in-law Zhang Shi did not eat less and wear less, and thought about remarrying. Annoy you to find a Master. Wang Zhangshi said that there was a person with the surname Cui, who was from Xia County, and wanted to marry a woman, and this master was very good, so he married Zhang Shi to him. Father agreed. On the twenty-first day, Cui Erheng took the silver to the small house, and the small one avoided it and did not meet with him. His father, Yan Qisheng, and his father-in-law, Zhang Shizhen, wrote a marriage letter and received forty-one taels of silver, in addition to giving Wang Zhang's five dollars, the small cash register was forty-two hundred and fifty dollars. Cui Erheng did not know that she was a married woman.
On the twenty-seventh day, the little one wept because of his son, and his heart could not pass. Go to Cui Erheng's house and assume that his surname is Chen, and Zhang is an uncle and brother, and wants to take Zhang back. Cui Erheng said that the New Year was approaching and there was no need to go back. He was a real relative when he was a child, and he left a small one to eat wine. The little one fled to Zhang's date, but Zhang refused. Later, [Zhang Shi] explained that in February of that year, I would go with my mother for my birthday and go with you. The little one saw her pushing and blocking, and his heart was a little angry, and he ate a few glasses of wine and went back.
On the ninth day of the first month of this month, it was the birthday of the little mother-in-law, the little one was not good to go in, peeking at the side of the road, only to see Cui Erheng single to go to the birthday, not to see Zhang Shi with him. Ming was tricked by Zhang Shi, and Xiao's heart was angry, but he wanted to kill him.
On the tenth day of the first day, he got up early and brought a knife to relieve his hand, and it was already noon when he walked to the head of Cui Erheng's door. His family's small house had been to the house once, it was already familiar, just about to go in, the hired worker Wei Xisheng interrogated where the small one came from, and the small one said that it was from Yuncheng. He couldn't stop the small one, until he entered the courtyard, saw Zhang Shi cooking in the room, she scolded when she saw the small one, it was faceless, and what to do! Not out yet!
She scolded these few words, the small fire, the small did not reply, pulled out the knife to catch up with him. Zhang Shi ran outside, the small caught up with her and stabbed her hard in the back of the head, hired worker Wei Xisheng came in to persuade him, was pushed down by the small one, he got up and ran out and shouted, the small one stabbed Zhang Shi twice in the back of the head, and Zhang Shi fell and died. The little one originally wanted to die together, and he also smeared a knife on his throat, and he was caught by them.
In Yan Hongting's view, his son and wife were his only property. Yan Hongting could not survive because of his poor life, and he had neither enough land nor a place to work. In desperation, he first thought of selling his son, but only because his wife Zhang Shi objected and gave up, and then there was no way, Yan Hongting discussed selling his wife Zhang Shi. Zhang shi did not agree to be sold, but only because Yan said that he would first exchange some money for it, and then find a way to take her away.
Obviously, qing dynasty laws prohibited this kind of "divorce" that seemed to be the dissolution of the marital relationship between husband and wife, but in fact divorced the wife in order to obtain money and did not conform to the "etiquette" of "selling leave". In fact, in order not to get into many troubles, even the buyer does not want to "marry a living wife", and it is difficult to obtain the support of the government in court. Therefore, in this case, Yan Hongting, as the husband, did not come forward, claiming that he was dead, and his wife Zhang Shi was a widow, who remarried because she could not survive because of her difficult life. Her husband, Yan Hongting, could not make a complete decision on the act of selling his wife, and he also had to obtain the consent of his wife's mother's family and the approval of his father.
Importantly, if the act of "selling leave" can be approved by the parents, it is not easy to be discovered by the government, otherwise the parents can report it to the government and demand that the woman be brought back. In this case, if it were not for the murder, Yan Hongting's act of "selling his leave" would be difficult for the government to discover. In addition, for the establishment of the marriage relationship between men and women and whether it can be recognized by law, the marriage of the head of the family and the writing of the marriage certificate are obviously of great importance, so as to gain the trust of the buyer who does not know it.
Zhang's "divorce" was sold with the consent of Yan Hongting's father and Zhang Shizhen's father. The county magistrate then interrogated Yan Hongting's father, Yan Qisheng, in detail.
Husband's Parent (Yan Qisheng)
County Court Interrogation (Yan Qisheng): Are you from Anyi County? How old are you this year? Your son Yan Hongting is not dead now, how to marry and sell your daughter-in-law to Cui Erheng as a wife? Who says yes? How much money do you get together? Did Cui Erheng know? How your son rushed to Cui Erheng's house and stabbed Zhang Shi to death, whether you knew it or not, confessed one by one.
Yan Qisheng offering: The younger one is a native of Yuncheng, Anyi County, who is seventy-three years old this year, yan Hongting is the youngest son, who has been married to Zhang for twelve years, and has given birth to a grandson named Chengwa. In November of the thirteenth year of Qianlong, the younger son, because he had no domestic helpers, was hungry at home and wanted to sell his grandson. Zhang Shi refused, and his son Yan Hongting wanted small consultations and wanted to sell Zhang Shi, but because of poverty, he originally invited his relatives Zhang Shizhen to his home, and everyone deliberated. Zhang Shizhen said that you are so cold and hungry, if my daughter is willing to marry someone else, I dare not stop it. After he said this, the little one said to the matchmaker Wang Zhangshi that my son Yan Hongting was dead, leaving his daughter-in-law to support him, but he bothered you to find a master. Wang Zhangshi said that Cui Erheng of Xia County was trading in Yuncheng, and he wanted to talk about his head. Will your daughter-in-law marry him? The little one says that's it. On the twenty-first day, Wang Zhang and Cui Erheng went to the small home, and the small one invited Zhang Shizhen to make a marriage certificate for Cui Erheng to receive. Cui Erheng gave the small one silver forty-one taels, and at that time gave Wang Zhangwu money, and the remaining forty-two and five dollars were given to his son Yan Hongting. Cui Erheng did not meet with Yan Hongting, not only did Erheng not know that he was a wife with a husband, but even Wang Zhangshi did not know. As for how the younger son rushed to Cui Erheng's house on the tenth day of the first month of February in the fourteenth year of Qianlong, Xiao Shi did not know.
County Court Interrogation (Yan Qisheng): Your son Yan Hongting had consulted with Zhang Shi from the previous yuan and understood that after marrying, he tried to escape, so on November 27, 13th, Qianlong, your son pretended to be a cousin and went to Cui Erheng's house once, because Cui Erheng did not ask Zhang To come back, about her mother's birthday in February of the fourteenth year of Qianlong, and then went back to discuss and escape, did not think that on the ninth day of the first month, Zhang Shi did not go back, your son hated it so much, rushed to kill Zhang Shi immediately, these plots your son Yan Hongting did not tell you? If you don't make a real offering, you have to clip it.
Yan Qisheng also confessed: The little one wanted to sell his daughter-in-law because his family was poor, and he did not know that his son had discussed with Zhang Shi to escape, nor did he know how to rush over and kill Zhang Shi. The younger one is in his seventies, and if he knows, will he still plead with his son to seek death? Ask for details.
Yan Qisheng, as the head of The Zhang family, was sold with his consent after his daughter-in-law "Hugh". Whether The Zhang clan enters the husband's sect or leaves, it must obtain the consent of the husband's parents: the daughter-in-law must be "suspended" by the son, and then remarry someone else, Yan Qisheng obviously needs to know and agree to this; Yan Qisheng, as the head of the husband's family, dominates the affairs of the family, and the daughter-in-law is "hughed" from the husband sect, and then "married and sold".
This is actually related to the concept of marriage establishment: the establishment of marriage in the Qing Dynasty did not need to be recognized by public authorities such as religious churches or secular states as in the West, but "the order of the parents and the words of the matchmaker" were the key elements of marriage establishment. The "master officiate" and "matchmaker" mediate in the marriage, and the individual man and woman are placed only in the object position on many occasions. [0] Marriage requires the will of both parents, the marriage of the parents, the marriage should conform to the "etiquette", any party without reason to repent of the marriage contract and other acts that are not in line with the "etiquette", (the main marriage) will be punished. The law stipulates: "At the beginning of the engagement of a man and a woman, if there are people with disabilities, old and young, who have left the house, who have crossed the house, and who are begging for support, they must clearly inform each other, and each of them will write a marriage certificate and marry according to the etiquette." [1] Marriage involves two families and cannot be concealed, and both families are voluntary. If "no grandparents or parents are married, and the marriage is from the remaining relatives", and if the husband dies and the wife raises the daughter alone to grow up, the woman's mother will marry. [2]
In this case, Yan Qisheng was the parent, and Zhang Shi was "sold off" obviously he could not get rid of his responsibility. The son Yan Hongting wanted to "divorce his wife" and marry and sell it, with his consent; he contacted Zhang's father and obtained the approval of the woman's mother's family, otherwise it was easy to be accused; after he found a matchmaker to contact the buyer and write a marriage certificate. If it were not for the death case, such a "selling leave" case would obviously be difficult to discover.
Zhang's dowry was "Hugh", and her father's consent was also important. The county magistrate began interrogating Zhang Shizhen, Zhang Shizhen' father, and asked him if he had colluded with his daughter Zhang Shizhen to marry and sell money.
Woman's father (Zhang Shizhen)
County Ya interrogation (Zhang Shizhen, Zhang Shizhen's father): Where are you from? How old are you? Is the dead Zhang your own daughter? Married to Yan Hongting for a few years, how many sons did he have? Have his husband and wife ever reconciled on weekdays? In January of the thirteenth year of Qianlong, how did you collude to call your daughter a widow, remarry with Cui Erheng, and get a total of money and silver? How many do you get? On the tenth day of February in the fourteenth year of Qianlong, why did Yan Hongting provoke and stab your daughter to death with a knife? According to the truth.
Zhang Shizhen: The younger one is from Anyi County, sixty-three years old this year, and the deceased Zhang Shi is the younger biological daughter, who has been married to Yan Hongting for twelve years. He had a son named Chengwa. His husband and wife were originally reconciled on weekdays, and Yan Hongting wanted to sell his little daughter because his family was poor, and they had already discussed and understood it, and came to beg the little master. The little ones saw that they were hungry all the time. I couldn't bear it in my heart, so I allowed it. On October 21, the thirteenth year of Qianlong, Yan Qisheng invited Xiao Qisheng to say that he already had a master, called Xiao Li's marriage certificate, and Xiao Qisheng had no idea for a while, and Yan Qisheng and Yan Qisheng made a marriage certificate and handed it to Cui Erheng to marry his daughter to him. The forty-first taels of the Shide Cai Gift were collected by Yan Qisheng and transferred to Yan Hongting. The marriage book contains Hong Sheng's name, and the small one does not score the money and silver. Yan Hongting did not meet with Cui Erheng of the Wang Zhang clan, and they did not know that they were married wives. On the ninth day of February in the fourteenth year of Qianlong, Cui Erheng made a birthday with a small woman and came to the small home, and he stayed overnight. On the tenth day of the first month, he did not know how Yan Hongting had stabbed his daughter to death, and the little one did not know. Seek redress.
The county magistrate asked: Before your daughter went out, she had consulted with Yan Hongting and understood that she still fled back, so on November 27, 13th, Yan Hongting also went to Cui Erheng's house once, didn't your daughter tell you such an important matter? Come back to the truth.
(Zhang Shizhen) also confessed: This is a private discussion between the couple, how to tell the little one, know not dare to lie.
Yan Hongting's act of "selling the leave" obviously requires the consent of Zhang's father, because it is not easy to be accused, otherwise the woman's mother's family will not know but finally find out that her daughter has been sold, and generally will not give up easily. For Zhang Shizhen, Zhang Shizhen's father, it is of course difficult to accept that his daughter was "sold off", but under the pressure of survival, he still agreed. Of course, Zhang Shizhen could also choose to bring his daughter Zhang Shi back, but for him, who was also poor, this was not a wise move. After receiving it back, it is also possible to marry Zhang Shi, but this is no substantial difference in the change of Zhang s situation compared with "selling hugh". Now, since her daughter Zhang Shizhen also agrees, Zhang Shizhen does not oppose it, believing that this is also a way for her daughter to find a way to live. In the face of the living situation, "Li Yi" was temporarily suspended, and the father also agreed that his daughter was "sold off".
Matchmaker (Wang Zhangshi)
Xian Ya asked the matchmaker Wang Zhangshi: Where are you from? In November of the thirteenth year of Qianlong, Cui Erheng married this zhang clan as a woman, did you say that you agreed? How many gifts has he given? How much match money do you have to get? That Zhang's wife is a married woman, why do you say that the media told him to marry another person, this is obviously because you know that there is no doubt, and you are quick to confess.
According to the confession: The little one is a native of Guanli in the south of Anyi County, who was originally a matchmaker. Yan Hongting lived in Beiguan, three or four miles away, he was a small family without a name, and his family affairs were unknown to the little woman. That Cui Erheng was a merchant in Xia County, and he asked the little woman to find a head affair because of the death of the woman. In November of the thirteenth year of Qianlong, Yan Qisheng came to tell the little woman that his son Yan Hong had died, and his daughter-in-law Zhang Shi was only twenty-seven years old, and now she had no time to live, and she wanted to find someone to remarry. Get a couple of financial gifts to use. The little woman only said that it was the truth, so she agreed with Cui Erheng and agreed on forty-one and two gifts of silver. On the twenty-first day, Cui Erheng and the little woman went to Yan Qisheng's house, and Yan Qisheng and Zhang Shizhen, Zhang Shizhen, the father of the Zhang clan, made a marriage certificate and handed it to Cui Erheng, and the little woman handed over forty-one silver to Yan Qisheng, and Yan Qisheng gave the little woman five pieces of silver. If she knew, the little woman would not dare to say yes.
A "ceremonial marriage" that is recognized as a formal marriage is obviously an important part of it, but for the poor people at the bottom, the role of the matchmaker is not so much a witness to the establishment of the marriage and whether the identity of the couple is in line with the "etiquette", but rather a practical role in connecting the two strangers. Generally speaking, formal marriage, that is, "ceremonial marriage", includes the main marriage, the matchmaker, the dowry, the return gift, the marriage certificate, the marriage ceremony, the disclosure banquet, etc. [3] Matchmakers usually play a role in adjusting and communicating the positions of the two families in the engagement, and after marriage, they will act as legal witnesses of the identity of the couple, and similar to the separation of families, buying and selling, etc., generally require the presence of the middle person on important occasions. [4] The matchmaker Wang Zhang did not know that Zhang was "sold", because she would not risk being punished by the government for five dollars of matchmaker money to introduce this unseemly marriage.
The judgment of the county magistrate
After the trial of the county court, the basic facts are clear: Yan Hongting, because he was living in poverty, could not live on, and at first wanted to sell his son, but his wife Zhang Shi refused. Later, Yan Hongting discussed with his wife to "sell his wife", that is, to divorce his wife in order to obtain money, and then try to escape after getting the money, and Zhang agreed. So Yan Hongting found his father Yan Qisheng and his father-in-law Zhang Shizhen to discuss the matter together, and the two saw that the husband and wife had a difficult life, so they could survive and agreed. However, Yan Hongting only told the two about the "sale of leave", and did not inform them of the idea of trying to take his wife away after obtaining the money. Yan Hongting himself did not come forward, so that his father Yan Qisheng found the matchmaker Wang Zhangshi and said that his son was dead, and his daughter-in-law could not keep the festival because of lack of food and clothing, hoping to remarry. The matchmaker Wang Zhangshi contacted the master Cui Erheng, who was unaware of Zhang's "betrayal", and after paying the gift silver forty-one, Yan Qisheng and Zhang Shizhen wrote a marriage certificate, and Cui took Zhang back. Yan Hongting wanted to bring his wife Zhang Back, but Zhang did not agree, and Yan Hongting later killed his wife because of this anger.
Based on the above facts, the judgment of the county court is as follows: First of all, for Yan Hongting, although Yan and Zhang were once husband and wife, Yan has "sold the Zhang clan to a leave", the "righteousness" of the husband and wife has been broken, "although the Zhang family is hongting's wife, but the righteousness of the husband and wife who have been sold has been extinguished, it should be discussed with the same people", and finally the judgment is that "Yan Hongting intends to be beheaded in prison according to the artificial law of intention". As for Yan Hongting's father Yan Qisheng and Zhang's father, they were "married against the law and had a staff of one hundred", which occurred before the edict, so they were "exempted from forty", while Yan Qisheng was "more than seventy years old" and did not punish him. The rest, such as the matchmaker Wang Zhangshi and the married master Cui Erheng, were "unaware and did not comment" . [5]
"Voiceless" Zhang Shi
Zhang's death in this case, we can not see her confession, otherwise we may understand why she began to agree to try to escape with her husband, and later repented. We can speculate about this in many ways: for example, she is tired of the poor life of lack of clothes and food with Yan Hongting; Yan Hongting has previously sold him off and then married, and now she wants to take him away, which she feels is a very humiliating thing; her husband Yan Hongting's act of selling his wife and beard, although it is indeed helpless, makes Zhang Shi very sad; perhaps she is worried that if she and Yan Hongting escape, Cui Erheng may report to the officials, and she will be punished by the county court. In any case, we do not know what Zhang's true thoughts are, but in any case, the situation we see is far from a picture of "having a self-satisfied and meaningful state of existence"[6].
The qing dynasty law on the construction of marriage relations is not based on independent personality in the modern sense, what it emphasizes is that marriage should conform to "etiquette", and for marriage relations that do not conform to "etiquette", Qing dynasty laws can force "divorce". However, the people in the social reality did not passively accept the regulations of the Qing Dynasty laws, and "etiquette" often had different meanings for the people. The qing dynasty law emphasized that the marriage relationship should conform to the "etiquette", and the establishment and dissolution of the marriage must conform to the "etiquette", otherwise it is easy to be punished by the law. However, in the actual life of society, the situation is often very complicated, for example, in this case, Yan Hongting wanted to live because he was poor, and in order to survive, he could only sell his wife and get a sum of money, and selling his wife was prohibited by Qing Dynasty law, and he could choose to divorce his wife and sell it. In this way, his true intention to obtain money is difficult to discover, but it is reflected in the amount of money, but it is difficult for the government to determine whether it violates the "etiquette" based on the amount of money. Such cases are so common, the law specifically prohibits the "selling of leave" behavior that does not conform to the "etiquette" of divorcing his wife in order to obtain money, Yan Hongting is of course afraid of being discovered by the county court for his "selling leave" behavior, the most important thing is that he hopes to find a wife as soon as possible and get a sum of money. Therefore, he pretended that his wife was remarried after the husband died because he was poor and unable to keep the festival. By having his father come forward, he will be able to gain the trust of his wife. Here, we can also see how the law affects people's actual lives and behavioral choices.
Many of the provisions of the Qing Dynasty law on "divorce" are of course unjust for women, but we cannot limit ourselves to this, and people in the actual life of society often encounter many complicated situations. In this case, although Zhang Shi was forced by poverty and had no choice but to choose "divorce", it was precisely because of this that she could seek a way out of survival: by ending the marriage relationship with her husband and marrying another person, she could find a family with a slightly better living situation; the husband received a financial gift and temporarily got rid of the survival dilemma.
[0] [Japanese] Shuzo Shiga: Principles of Chinese Family Law, translated by Zhang Jianguo and Li Li, pp. 476, 478.
[1] Ma Jianshi and Yang Yutang, eds., Notes on the Examination of the Great Qing Laws, p. 442.
[2] Ma Jianshi and Yang Yutang, eds., Notes on the Examination of the Laws of the Great Qing Dynasty, p. 443.
[3] [Japanese] Shuzo Shiga: Principles of Chinese Family Law, translated by Zhang Jianguo and Li Li, p. 476.
[4] [Japanese] Shuzo Shiga: Principles of Chinese Family Law, translated by Zhang Jianguo and Li Li, p. 480.
[5] Titled "Reporting the Death of Zhang Shi, Wife of Yan Hongting, a Citizen of Anyi County," Qianlong, December 14, 1515, China First Historical Archive, File No.: 02-01-07-0427-003.
[6] [United States] Gao Yanyi, "Boudoir Master: The Culture of Talented Women in Jiangnan in the Late Ming and Early Qing Dynasties", translated by Li Zhisheng, Nanjing: Jiangsu People's Publishing House, 2005, p. 4.
——Selected from "Women, Family and Legal Practice: A Social History of Law since the Qing Dynasty", by Zhao Liuyang, Guangxi Normal University Press, October 2021.
About the Author
Zhao Liuyang, male, graduated from the Law School of Chinese Min University with a Doctor of Laws degree under the tutelage of renowned scholar Huang Zongzhi (Professor Emeritus of UCLA). He is currently a lecturer at the School of Marxism of Fudan University, a research member of the Overseas Communist Party Research Center of Fudan University, the Institute of Advanced Studies of History and Society of the Law School of Chinese Min University, and a tutor of Renzhong College of Fudan University and a tutor of Fudan University. Major academic interests: Sociology of Law, Overseas CCP Studies, Political Economy, History of Reform and Opening Up.
Synopsis
This book is a work of legal and social history around women, marriage, and the family. From the perspective of the legal status of women in family life since the Qing Dynasty, the book carefully sorts out the legal practices directly related to women's rights. Through digging deep into the litigation archives, the author makes a meticulous and profound analysis of divorce cases in different historical periods from the Qing Dynasty, the Republic of China, and from 1949 to contemporary China, restores a large number of historical details about women's divorce, wife-conscription, trial litigation, etc., and reveals the farly complex non-linear paradoxical relationship between the relevant legal system and litigation practice in the protection or damage of women's rights in recent times. The book absorbs the authoritative achievements of a large number of Chinese and foreign scholars in the study of Chinese legal history, and tries to dialogue with important academic viewpoints, showing a broad academic vision, and integrates the research methods of law, history, sociology and other disciplines, and makes a useful attempt to explore the study of Chinese women's history and legal history.
Editor's recommendation
What was the living condition of "divorced" women in the Qing Dynasty? What kind of dilemmas did women's rights face in legal practice during the Republic of China period? How did judges determine the basis for divorce judgments before the reform and opening up? What are the characteristics of real estate division in contemporary Chinese legal practice? Nearly 300 years of social history of women, the family, and the practice of law are clearly presented to the reader through this book.
This is a book that easily resonates with the times. Although the author pays attention to the legal status of women in family life since the Qing Dynasty, the words "divorce", "divorced women", "divorce proceedings" and "real estate division" that are frequently touched in daily life make people feel that time and space are dislocated from time to time during the reading process. The section of the book, "From the Death of the Woman Zhang Shi to the Survival of Women in the Qing Dynasty", is even more reminiscent of the famous historian Shi Jingqian's famous book "The Death of Wang Shi: The Fate of the Little People Behind the Great History", which died not long ago. From the interrogation records of the buyers (Cui Erheng), Zhang's ex-husband (Yan Hongting), the husband's parents (Yan Qisheng), Zhang's father (Zhang Shizhen), and the matchmaker (Wang Zhang's) directly related to the death of the woman Zhang Shi from the book, as well as the judgment of the county magistrate, the image of a woman in a weak position in the marriage relationship behind the big history jumped on the paper, and zhang's tragic situation brought tears to people's eyes.
In this book, we see the attempts and practices of the law in the pursuit of fair treatment of women with the changes of the times.