论唐代的"义绝"制度及其法律后果

"义绝"即官府强制离婚.从唐律的规定来看,法律设立义绝制度的目的在于维护家族内部伦常和防范亲属相犯.唐律积极介入家庭之间的暴力,禁止夫妻之间、家庭成员之间发生纠纷和暴力,违者一律予以处罚,对稳定和维护封建婚姻家庭关系和社会秩序有重大作用,对今天的整饬家庭暴力也有一定的启示和借鉴意义.但是,"义绝"制度的实施在当事人自身和父母子女关系方面也产生了相应的法律后果.

On the Institution of "Yi Jue" in Tang Dynasty and Its Legal Consequences

"Yi Jue" was the forced divorce by the government.The law interfered positively in the family violence,preventing the violence and quarrel among family members and among couples.Those who disregarded the law were punished without exception.The institution of "Yi Jue" had played an important role in preserving feudal wedlock and stabilizing public order,which can be drawn on today. The practice of "Yi Jue" accordingly had relevant legal effects on the litigants and the relation between parents and children.