After coming to Shuntian Mansion, the person who received Qin Tai and his wife was Master Tu, the criminal master of Shuntian Mansion. Sanjiang Pavilion (the fastest and most stable update on Baidu search network) Master Tu is an authentic Shaoxing person, which is often referred to as Master Shaoxing. Their family has been a master for several generations, so it can be said that they are familiar with criminal trials. Master Tu and Qin Tai are acquaintances, of course they will not hide anything from Qin Tai and his wife, and this case was handled by Master Tu himself, so Master Tu immediately explained the ins and outs of this matter clearly.

When it comes to fighting divorce lawsuits in ancient times, I have to mention some related terms and trivia. Under normal circumstances, in ancient times, men had an absolute advantage in sexuality, and some powers were obviously biased in favor of men, but it was not absolutely only to protect the interests of men. For example, in Yang Tao's divorce case, it was obvious that Yang Tao took the reason, so Master Tu ruled in favor of Yang Tao. In ancient times, there were five types of divorce between men and women, the first was that the man gave a reason not to want the woman, which was the most common "divorce". As long as the wife commits any of the "seven outs", the husband or the elder of the in-law's family has the right to divorce the wife; The second is "righteousness", which means that husband and wife break off their righteousness, and they will never get along with each other from old age and death. Generally, the innocent party files for divorce on the grounds that the other party has made a mistake, which is not an ordinary mistake but an unforgivable mistake. For this reason, the yamen should support divorce, and protect the rights of the innocent party, and give most or even all of the family property to the innocent party; The third is "separation", that is, the man and the woman have made irreparable mistakes, even punishments. The other spouse requests a unilateral termination of the marital relationship. This is one of the most serious forms of divorce; Fourth. The man and woman couldn't get by, and both parties were not at fault, so they had to ask the yamen to make a judgment and dissolve the relationship between husband and wife. This is called "reconciliation", which is equivalent to modern divorce by agreement; The fifth type is "renunciation", which, as the name suggests, is the renunciation of the previous agreement, that is, the breaking of the contract.

The so-called "seven outs" refer to the seven immoral behaviors of female "sex". Confucius's Family Sayings? Natal ": "Those who come out of the seven, disobey their parents, come out; childless, out; "Lewdness" secluded, out; jealousy, out; Vicious disease, out; Many tongues, out; Theft, out. Those who do not obey their parents are said to be contrary to morality; Those who have no children are said to be peerless; Those who are "lewd" are called "disorderly" people; Those who are jealous are called "chaotic" families; Those who are ill are said to be unable to make sacrifices; Those who have many tongues are said to be separated from their relatives; The thief is also called the opposite. (Baidu search network update is the fastest and most stable) "Carefully explain this, first, if you do not respect your in-laws or the elders of your in-laws, your husband has the right to divorce your wife and dare your wife to leave; Second, after the wife entered her mother-in-law's house, she could not give birth for many years. can divorce his wife and dare his wife leave her in-law's house on the grounds that she has nothing to do; Third, the wife does not abide by the "woman" way, and tries or has been in other men. The husband has the right to divorce his wife and to drive her out of the house. Fourth, a woman who is jealous of her husband. This means that the wife should not only take care of her husband's daily life, but also arrange for the woman in the house for her husband. If the husband has more than one wife in the family, and if the wife is jealous of another woman, or even a woman who harms her husband, the husband has the right to divorce his wife. Fifth, if the wife is a woman who is a woman who is a woman who causes discord in the family, the husband has the right to divorce her. Sixth, the husband has the right to divorce his wife if she has a serious illness that is difficult to cure and that may affect other family members. Seventh, if a wife steals from her in-laws' property, the husband has the right to divorce her.

There are "seven outs", of course, there are corresponding "three don't go". The so-called "three no-goes" refers to the three situations in which the husband is not allowed to divorce his wife at will. First, there is nowhere to go. It means that the people in the wife's maiden family have died, or have moved away and have no contact. In this case, the man, as the husband, cannot just kick his wife out of the house; Second, those who have been mourning for three years will not go. It means that if the wife is a daughter-in-law or a granddaughter-in-law and keeps filial piety for the deceased old man of her in-law's family for more than three years, the husband cannot divorce his wife casually. The ancient people paid the most attention to filial piety, and the wife kept filial piety for the elders of the in-laws for three years, which was considered to have fulfilled the duties of the descendants, and such a wife was a good wife and could not be abandoned casually; Third, the poor first and then the rich do not go. It means that the wife married by the in-laws when they were poor in the past cannot be abandoned casually after the husband is rich. To put it bluntly, "the wife of the chaff does not go to court", and you can't be rich and forget your wife who is suffering and starving together.

Yijue is a bit like a divorce lawsuit in modern society, where both parties have their own reasons, and let the government decide who is right and who is wrong, and who is the big winner. If there is a case of mutual aggression as referred to by law, such as fighting, killing, or 'adultery', between husband and wife, between one party and the other party's relatives, or between certain relatives of both parties, the offender must be divorced regardless of whether the husband and wife are willing or not, and the offender shall be criminally punished. Forced divorce by law was called "righteousness" in ancient times. "Righteousness" refers to the fact that the husband and wife have severed their love and righteousness because of the occurrence of certain events, so the law stipulates that such a marriage relationship should be dissolved. If the marriage is not automatically dissolved, the State will force the dissolution and impose a penalty. "Righteousness" was first seen in the "Tang Law Household Marriage", which stipulates: "Those who commit righteousness will be punished, and the offender will be sentenced to one year in prison." The provisions of the Ming and Qing laws are the same: "If you commit a crime, you should leave without leaving, and you will be given eighty rods." According to the interpretation of the "Tang Law and Discussion", the conditions for constituting "righteousness" are: 1. The grandparents and parents of the husband who beats his wife, and the grandparents, uncles, parents, brothers, aunts, and sisters who kill his wife. 2. Husband and wife, grandparents, uncles, brothers, aunts, and sisters kill each other. 3. The wife beats the grandparents and parents of the husband, and kills and injures the grandparents, uncles, parents, brothers, aunts, and sisters. 4. The wife and the husband have "adultery", or the husband and the wife and mother "adultery". 5. The wife wants to harm her husband. Examining these five situations, all of them are acts of mutual aggression between relatives, which shows that the legal text of "righteousness and renunciation" is still centered on the family and is designed to maintain the feudal concept of ethics and the feudal family order. Secondly, only the second of these five situations is that the husband and wife are equal to each other, and the rest are less responsible for the husband than the wife, especially if the wife wants to harm the husband is "righteous", and the husband wants to harm the wife is not seen in the law. Obviously, "righteousness" is also a one-sided inferiority of men and women.

The government is divorced, that is, the government decrees the divorce, which is similar to but not the same as "righteousness". "Righteousness" means that those who have the conditions for "righteousness" should be automatically divorced without the judgment of the judicial yamen, and only then will the law of non-divorce interfere and order the divorce and punish it. On the other hand, the separation of the government is the decision of the judicial yamen to divorce when it involves the issue of divorce when dealing with other cases, which is similar to the modern criminal judgment attached to the civil judgment. There are several types of this: 1. The law of the Yuan Dynasty stipulates that "all wives and concubines who receive wealth and indulge in their wives and concubines are prostitutes,?? Leave it. "The wives and concubines of Zhule are prostitutes,?? Women and people return to their ancestors. "There are also relevant regulations in the Ming Law. 2. The law of employing wives and concubines is prohibited, but it is not proposed as a reason for divorce. The laws of the Ming and Qing dynasties clearly stipulate that those who are hired by the financial code will be punished and divorced. 3. The wife's close relatives are married to the husband, or the wife is married to the husband's father, and the Yuan Law stipulates: "The ex-husband of the ** wife has not yet become a male 'woman' and the ** wife's ex-husband and daughter have become a woman, and the rod is one hundred and seventeen, and the wife is divorced." "All the men bully and rape men and women (regardless of whether they have succeeded or not), and men and women return to their sects." "Weng plays men and women, cut off." It seems that the Yuan Dynasty has somewhat protected the interests of "women" and women, and in this regard, it cannot but be said that it has made some progress compared with the previous dynasties.

In addition to the main forms of divorce mentioned above, there are some other conditions for divorce. (1) Divorce in violation of the marriage contract: 1. The Tang Law of Repentance stipulates that if a woman has a marriage contract with another person and allows another person to marry another man, the woman shall be sentenced to divorce her stephusband and return to her ex-husband. If the ex-husband does not want it, he can double the dowry back, and the woman will return to the step-husband. 2. There are two situations of presumptuous presumptuous in ancient times: the person is presumptuous, such as growing up with a young deception; Someone else pretending to be a sister who has a disability. If the marriage is not married, the marriage contract shall be annulled; If married, divorced. (2) Divorce in violation of monogamy: China's ancient law only allowed one wife, which was to distinguish the concubines and facilitate the inheritance of the eldest sons. Therefore, in ancient China, monogamy and polygamy were the system, and monogamy was strictly prohibited. "Fa Jing o Miscellaneous Law": "If a husband has two wives, he will be punished." The Tang Law stipulates: "If a wife marries a wife, he will be imprisoned for one year, and the woman's family will be reduced by one grade; If he marries a man who deceives the country, he will be in prison for a year and a half, and the woman's family will not sit down, and each of them will leave. Therefore, in ancient China, if monogamy was violated, the second marriage was dealt with by divorce. (3) Divorce due to illegal marriageDivorce of illegal marriage can be divided into two types: 1. Marriage violates the prohibition of "sex" and is subject to divorce in accordance with the law or may cause the consequences of divorce. There are two kinds of situations: first, they must be divorced; Second, if they may be divorced, they should be divorced according to the law, but due to special circumstances, the law clearly states: "Hearing cannot be divorced", such as mourning and marrying. 2. Establishing a marriage for oneself or others by criminal means. If you rob another person's wife and daughter and take them as a wife and concubine, if you get married, you will be divorced according to law. Marriage is "the best of two surnames", the parents of both parties are on an equal footing, and neither party can force the other. However, once married, the "woman" and daughter leave the father's clan and join the husband's family, which belongs to the husband's family and can be manipulated by the husband's family at will, and the mother's family has no right to interfere. Under the precept that "the husband has the right to remarry, and the wife has no two suitable words", the husband's family can order the husband to abandon his wife, and the wife can only "start from the beginning" and "marry a dog with a dog, marry a chicken with a chicken". In ancient China, women could only be abandoned, and they did not have the right to divorce. The divorce system is simply the abandonment of the wife.

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