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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2021.6
- 수록면
- 95 - 129 (35page)
- DOI
- 10.29323/mchina.2021.6.90.95
이용수
초록· 키워드
오류제보하기
During the traditional Chinese period, marriage belonged to the scope of ancient etiquette and complied with the social norm, so the government did not directly interfere with it. The Chinese marriage system adopted an engagement of marriage system in which spouses were already set before an official marriage was realized; therefore, a unique Chinese marriage style was formed.
The private marriage contract was a document exchanged between the families of the bride and the bridegroom. Betrothal gifts were an act to send some wedding presents or foods with courtesy to the other spouse"s families and served as a private marriage contract. Betrothal gifts had no particular pattern, and their quantities and types could be coordinated and compromised between the families of the bride and the bridegroom. However, betrothal gifts were regarded as more important among the civilians. Although marriage was conducted under the name of ancient etiquette, betrothal gifts were considered more important than the private marriage contract. The trend was more remarkable in the low and middle classes or poor households.
In the modern period, when Western systems and thoughts were introduced, the government needed to manage and uniformly control civilian customs. Also, the same principle was applied to marriage. As a method to do so, the government noted the preparation of the official marriage contract and levying of taxes. The government guaranteed the legal status of marriage used by purchasing the official marriage contract in the private sector. However, it did not change legal regulation on the marriage realization requirements, and the effect was not huge.
The legal regulation of marriage realization requirements was changed due to the Civil Law proclaimed in 1930. The Civil Law changed the legal regulation on marriage realization, and governmental guarantee of marriage, which was a social custom; namely, the law specified that marriage realization requirements were open wedding rites with two or more witnesses, not a private marriage contract consisting of betrothal gifts. The traditional betrothal gifts were no longer the component of marriage realization. However, the official marriage contract since the Civil Law had not shown a significant effect. Betrothal gifts were not entirely abolished.
Regardless of the Late Qing Dynasty’s and the Early Republic of China’s influences and after enacting the Civil Law, the use of official marriage contracts meant additional expenditure to buy the private marriage contract to civilians. Social order and independence of marriage have continued for a long time. There was standard regional order in civilian society, and stability and autonomy were maintained compared to national norms. Before the official marriage certificate was implemented, the details of the private marriage contract had the form of a contract, and the betrothal gifts were gradually included in the details of the private marriage contract. This meant that civilian private marriage contract was equipped with the requirements of formal legal document; therefore, no official marriage contract was needed in the civilian society. Although the official marriage contract was used, the traditional marriage style could be carried out if each item that the government required was written. Thus, people"s recognition of marriage did not change, and betrothal gifts did not stop, although the laws changed.
The private marriage contract was a document exchanged between the families of the bride and the bridegroom. Betrothal gifts were an act to send some wedding presents or foods with courtesy to the other spouse"s families and served as a private marriage contract. Betrothal gifts had no particular pattern, and their quantities and types could be coordinated and compromised between the families of the bride and the bridegroom. However, betrothal gifts were regarded as more important among the civilians. Although marriage was conducted under the name of ancient etiquette, betrothal gifts were considered more important than the private marriage contract. The trend was more remarkable in the low and middle classes or poor households.
In the modern period, when Western systems and thoughts were introduced, the government needed to manage and uniformly control civilian customs. Also, the same principle was applied to marriage. As a method to do so, the government noted the preparation of the official marriage contract and levying of taxes. The government guaranteed the legal status of marriage used by purchasing the official marriage contract in the private sector. However, it did not change legal regulation on the marriage realization requirements, and the effect was not huge.
The legal regulation of marriage realization requirements was changed due to the Civil Law proclaimed in 1930. The Civil Law changed the legal regulation on marriage realization, and governmental guarantee of marriage, which was a social custom; namely, the law specified that marriage realization requirements were open wedding rites with two or more witnesses, not a private marriage contract consisting of betrothal gifts. The traditional betrothal gifts were no longer the component of marriage realization. However, the official marriage contract since the Civil Law had not shown a significant effect. Betrothal gifts were not entirely abolished.
Regardless of the Late Qing Dynasty’s and the Early Republic of China’s influences and after enacting the Civil Law, the use of official marriage contracts meant additional expenditure to buy the private marriage contract to civilians. Social order and independence of marriage have continued for a long time. There was standard regional order in civilian society, and stability and autonomy were maintained compared to national norms. Before the official marriage certificate was implemented, the details of the private marriage contract had the form of a contract, and the betrothal gifts were gradually included in the details of the private marriage contract. This meant that civilian private marriage contract was equipped with the requirements of formal legal document; therefore, no official marriage contract was needed in the civilian society. Although the official marriage contract was used, the traditional marriage style could be carried out if each item that the government required was written. Thus, people"s recognition of marriage did not change, and betrothal gifts did not stop, although the laws changed.
목차
Ⅰ. 머리말
Ⅱ. 민국 전반기의 婚書와 聘禮
Ⅲ. 官製婚書의 제작과 혼서의 법제화
Ⅳ. 맺음말: 관제혼서 부진의 이유
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