Through this new book in front of you，It is not difficult to find "Place of Destiny: Family、The author of the Book of Law and Fertility, Professor Zhao Xiaoli, uses the delicateness of legal scholars，Reading through several literary works，Dig out the legal issues behind it。Among them, those articles that are particularly interested in，Analysis of the real life of small people，Discussion for thousands of years of Chinese traditional society，Analyze how the feudal etiquette criticized by modern thoughts affects the daily life of these little people。

As early as 2011，Professor Zhao Xiaoli and I participated in a small academic seminar held in Moganshan, Zhejiang。We were on the way to Mogan Mountain at that time，Talking during chatting and "Judicial Interpretation of Marriage Law (3)" that was just promulgated at the time。Brother Xiaoli expressed concerns about this judicial interpretation，I believe that the new regulations change the nature of the relationship between husband and wife into a partner for business。But I think，In the family of traditional society，Wife's property has never really integrated into family property，Family property can maintain its integrity through the method of inheriting the patriarchy。I subsequently wrote an article，Combined with the theory of traditional science，and inspect the laws of the division of husband and wife's property in the world，The relevant provisions of the new "Judicial Interpretation of Marriage Law (3)" not only meet the traditional ethics of Confucianism，and help maintain the stability of the current family。Actually，1950 "Marriage Law" distinguished two different concepts of "common property" and "family property"，Husband bet365 best casino games and wife property constitutes "common property"，but not the same as "family property"。Because Chinese families could not talk about how much wealth accumulation before the 1980s，So the actual difference between the two is not obvious。But，Since the 21st century，Rising with house prices，There are significant differences in the two，"Common Property" based on the duration of the relationship between husband and wife relationship，Compared to the "Family Property" from the parents of both parents "，The proportion of the proportion is getting smaller and smaller。I think，New regulations made in the "Marriage Law" and previous judicial interpretations，It is the profound reflection of the current changes in the current social reality。Last，I still pointed out in that article，If you focus on the further development of the future husband and wife relationship，The separation of the property system implemented by countries such as Britain and the United States，Perhaps it is more conducive to explain the contradiction between the division of property between husband and wife。Of course, this new rule is contrary to the spirit of the "Marriage Law" to protect the economic life of divorced women in the past，But the world is easy to move，This protection may inevitably occur in contemporary times，and contrary to the concept of equality between men and women。

Since then，I know that Brother Xiaoli is also continuing to pay attention to this problem，and have discussed with many people，Published a lot of related text。2016，I read a article from Brother Xiaoli，Title "The Question of Xianglinyu -Answer Zeng Yizi"。The article analyzes Lu Xun's "Blessing" and "Lonely" novels.，The usual point of view is believed that Lu Xun's two novels are intended to criticize the tragedy of the two people of Xianglin and Wei Lianzhang in the Criticism.，But Brother Xiaoli reads the loss of the positive role of etiquette and religion in Lu Xun.。Although Bet365 app download the title of the article responds to me，But I neglected writing，Second, there is no special interest in literature and novels，No article immediately responded to Brother Xiaoli's article。Brother Xiaoli wrote another long article for discussing the ancestral law last year，I also had the idea of ​​response，It's just because of many things at home，There is no time to write。I read it down，Brother Xiaoli sends me the new book "The Place of Ligue"，I read it down，There are two articles: "Xianglin's Question" and "Wei Lianzheng's Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Self -Selfest"，Apparently expanded from the article discussed in the early years of "Blessings" and "Lonely"，So I am determined to make a response，I have been in my wish for many years。

First，Let's discuss the article "Xianglin's Question" first。Brother Xiaoli wrote in the book，Generally, readers will think that the death of Xianglin is the result of etiquette and eaters，But，If we deeply reflect the ancient law of the spirit of the law，It will inevitably draw the opposite conclusion: not only Xianglin's remarriage，Including Uncle He's House，It seems to be the root cause of the tragedy of Xianglin 嫂，Actually it just violates the spirit of feudal etiquette。According to the orthodox ritual law at the time，As long as the woman is willing to keep the mind，Then the clan should be He Lao Liuli，This way Xianglin will not flow to Luzhen again，Perhaps there will be no later death。In other words，The original intention of feudal etiquette is to protect Xianglin's，Not the direct cause of Xianglin's tragedy。

but but，In 2014, Xiaoli Brother published this article for the first time，It seems that there is no in -depth discussion at the specific content level of etiquette and education，So I speculate，Brother Xiaoli probably believed that the source of Xianglin's tragedy was still because the wife could not inherit her husband's property，Bet365 app download Only with the uncle of He family to close the house。Contrary to，If the provisions of the common property of the husband and wife in the current civil law，Wife can not only occupy half of the share of common property，Especially in the case of husband and no child，It is possible to inherit more than half of the husband and wife common property，This will naturally not be a tragedy of Xianglin 嫂。But，It is worth asking for，Although women like Xianglinyu have no tragedy，People in the husband's family may suffer more misfortunes: He Laoliu’s property was uploaded by the ancestors，Not derived from the common labor of husband and wife，Why does a foreign woman divide the property accumulated from the husband's generation?

In the appendix of "The Place of Destiny", there is also the article "Daughter is also a descendant".，It fully reflects Brother Xiaoli's academic education and thinking in science in recent years，Represents Brother Xiaoli's theoretical self -improvement。In recent years，A new phenomenon of "two marriages" appeared in Zhejiang。Brother Xiaoli probably saw a certain factor inherited from the equal inheritance of men and women from this phenomenon，It has a long cultural source，It is in line with the provisions of the ancient Chinese law on the "Chengfu points" of his wife，Therefore, it seems that I pay a lot of attention to the "two marriages"。Actually，This phenomenon violates Brother Xiaoli's previous proposition。Common property based on the common life of husband and wife，Equal division from the couple，This is close to the practice of the British and American separate property system。Brother Xiaoli tried in the text to conduct new theoretical exploration，Tatto the saying that goes back to "The Biography of the Rabbit" "The Son of Humans"，It is believed that this is the manifestation of the ancient sect legal system，The theoretically "latter" is not limited bet365 live casino games to men，and "two marriages" are the spirit of "daughter is also a trader".，It can be said that it is "the return of the Chinese traditional ancestral legal system"。

During the process of tracing the historical origin of the two systems，Brother Xiaoli noticed，early in Ming Law，The clear stipulation of the existing wife "Chengfu"，Especially from the history of the evolution of various marriage and household regulations in the past century，The emergence of "two marriages" actually has a deep historical and cultural root。Actually，The legal provisions of the wife's husband score，From the perspective of existing ancient legal documents，The earliest dates back to the Tang Dynasty "Household Order": "，Brothers Dead。Fortune of Wife's Home，Not limited。Brothers Dead，Soning Father。Brothers are dead，Then the sons are divided。It is not married to a wife，Don’t and hire money。Aunt and sister in the room，Half of the hiring wealth。Widow wife and concubine without male，Chengfu points。""，Song of the Song Dynasty also has the same regulations。but but，These regulations are different from the legal spirit after the Republic of China，That is, the wife has not given a complete inheritance right，Instead, there are conditional restrictions。First，Husband died without a child，Wife only allows "Chengfu points"。Second，Wife must not marry，Must be kept at home。Last，Wife must be a dead husband，The property that is inherited on behalf of it is transferred to the sister -in -law。Obviously，These prerequisites are all out of the purpose of continuing male ancestors，It is completely different from the intention of women who protect women based on the spirit of protecting women in modern times。In essence，Although his wife allows "Chengfu points"，but not the owner of the husband's property，but just behaved on behalf of the manager，"Inheritance inheritance" equivalent to modern laws。

bet365 Play online games Visible，Regulations on "Wife's Husbands" in ancient laws，The purpose is still the protection of the property of the husband and the continuation of the ancestors。As for the nature of "two marriages"，In fact, it is different from the mutual inheritance under the common property stipulated in the "Civil Code"，Instead, the separate property system near Europe and the United States，Although there is a form of dual inheritance，But in order to maintain the integrity of family property before marriage and the continuation of the surname。and，This system is largely dependent on the accidental probability of bred more than two children，Especially preference for male men，After all, men have a greater advantage in the preservation and value -added of family property。

Ancient legal regulations on the division of wife and husband，Essentially a remedy method after abandonment of the ancestors of the ancestral law system，The original meaning of the real law of the Western Zhou Dynasty，Perhaps the origin is earlier than Tang law，After all, early in the middle and late spring and autumn，The original Western Zhou Dynasty law has gradually collapsed。Brother Xiaoli probably saw the various problems faced by the current family property inheritance，and the new exploration formed by the spontaneous formation of "two marriages"，Holding a certain theoretical expectations，Trace it to a certain historical rationality，But whether this theoretical expectation can be realized，We can only wait and see。

So，What is the significance of ancient ancestors? Cheng Yaotian, a scholar of the Qing Dynasty, thinks，The Tao of the Division is "with Brothers"，The principle of establishing respect in the love of kiss，Its purpose is to gather relatives to be a humble and orderly blood community。Therefore，For Wei Lianzhang，As a load -bearing grandson，But bearing loneliness far away from family，But for maintaining the entire community，Individual loneliness bet365 live casino games is a necessary sacrifice，After all, humans are different from animals，There is a higher pursuit of beyond blood relatives。and，We finally saw，When the successor of his grandmother，Wei Lianzhang's crying realizes the emotional requirements of the ancestral law for loaders，At this time，The latter and the latter become the real mother and child emotionally。

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