User:Wang Yujiao
Hello everyone, I'm a 23-year-old from Changsha, China. Music is my passion, and I love listening to various genres, each with its unique melodies and rhythms. Another passion of mine is dogs. Their loyalty and innocence always bring a smile to my face. It's a pleasure to meet you all, and I'm looking forward to sharing more about my interests and experiences.
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Final Exam Paper
彩礼 王玉姣
摘要 婚嫁文化是一个地区文化中的重要组成部分。而彩礼作为婚嫁文化中最为重要的组成部分之一,十分值得我们关注。本文首先介绍了彩礼的含义及其历史追溯。其次,介绍了彩礼在内容上的历史演变。然后分析了古代中国彩礼的三大传统功能,即:补偿功能、规避风险功能、契约功能。此外,简要介绍了其他国家的彩礼文化。最后,探讨了当今中国的彩礼文化的负面影响及解决方案。
A.彩礼的含义与历史追溯 1.彩礼的含义 彩礼又称聘礼,是中国的传统婚嫁风俗文化之一。在中国已有几千年历史。在中国传统社会中,彩礼原始功能主要为:男方向女方父母送上一定价值的财物,以表明结婚意向。此外,彩礼还可以显示男方的家庭财力,以减少进入婚姻的阻力。
2.彩礼的历史追溯 中国古代有“六礼”的说法,从议婚至完婚过程中的六种结婚礼节。包括:纳采、问名、纳吉、纳征、请期、亲迎。其中又以“纳征”和“亲迎”最为重要。“纳征”的含义为:男方向女方家提供聘礼,聘礼便是如今的“彩礼”,“纳征”可以说是中国最早的彩礼风俗。(向吴艺文2024,6)
B.彩礼的历史演变 上古时期的彩礼多用鸟兽。到了周代,普通百姓的彩礼多为雁皮、布匹。同时,也有直接使用货币作为聘礼的。此时的彩礼金额不高,其象征意义大于其实际礼品价值。到了汉代,黄金成为主要的彩礼,人们开始注重彩礼的实际价值。到了宋代,彩礼数额不断攀升。在民间,人们开始追求“三金”,即:金钏、金镯、金帔坠,这一风俗也一直延续到了当代中国。到了元代中期,统治者注意到了过高的彩礼会带给社会的不利影响,通过颁布法规,针对庶民彩礼负担重的现象对聘礼进行了限制,但效果有限。在明清的中后期,除礼金外,金银首饰也成为了彩礼的普遍要求,彩礼的现实意味越来越浓。中华人民共和国成立后,《中华人民共和国婚姻法》中,并没有规定彩礼制度,彩礼彻底变为了一种文化和民间习俗。虽然彩礼不再具备法律地位,但是由于彩礼有着悠久的历史渊源,在民间也有很深的社会基础,彩礼仍作为一种文化存在在中国。(向吴艺文2024,7-8)
C.彩礼的传统功能 1.补偿功能 在中国封建时期,女子婚后开始从属于男性。在该社会观念下,女人一旦结婚后则要从娘家转移至夫家。由此,女方原生家庭便会出现劳动力资源的丧失。在传统的农耕社会,劳动力资源便是最大的财富。女方家庭为抚养女儿长大成人,长时间投入了经济成本。但女儿在结婚后,所有的产出都将归属于男方家庭。而彩礼则是对这种经济损失的赔偿,使两个家庭的利益得以平衡。(尹森林2019,135)
2.规避风险 彩礼是女方规避风险的一种方式。在封建时代,女子婚后开始从属于男性,需要依靠男性来生活。而彩礼可以检验男方的经济条件。并且,中国古代的道德体系对女性的贞洁有着苛刻的要求,即使是婚约被取消,也会导致女性在道德层面受到较大压力,难以再找到合适的结婚对象。所以,为了尽可能地规避风险,彩礼的风俗得以出现和延续。由此,即使婚约被撕毁,女方至少还能获得彩礼作为经济补偿。(向吴艺文2024,7)
3.契约功能 从周秦到晚清,彩礼是法律确定婚约是否存在、是否有效的重要依据。一般彩礼会清晰地记载于书面的婚书上,作为婚约成立的证明。按照《唐律疏议》及后来的《大明律》《大清律》,即便男女双方没有书面上的婚约或婚书,只要有男方交付财物、女方受领财物的事实,按照当时的司法审判环节也可以认定双方存在婚约。(刘云生2024,22)
D.其他国家的彩礼文化 彩礼并非只有中国才有,世界上许多地区都有彩礼。在伊朗,彩礼被称之为 “梅赫里耶”(mehrieh)。并且,彩礼在传统上既是缔结婚姻的必经程序,也是男方必须履行的一项义务,大多数情况下需由男女双方在婚前明确彩礼数额,待婚后女方索取或离婚时由男方兑现。(冀开运2023,20)。在尼日利亚的约鲁巴部落,在结婚之前男方会赠予女方家庭一定财物。但一般而言,赠与的金钱数额仅在5000卢比的范围内(约100至400元人民币)(Ajibola O 2020,45-46)。在约鲁巴部落中,彩礼似乎更像是一种象征意义。在加纳上西地区,男方在婚前需要向女方赠与现金、服装、饰品等,具体的数额则根据家庭经济状况而有所不同(Aasoglenang A T 2024,100626)。此外,苏丹、津巴布韦和印度等许多地区都有彩礼。(Deng A Y 2019,1)在大多数地区中,彩礼仅作为一种文化风俗存在。但也有像伊朗一样的地区,将彩礼纳入了法律。彩礼的数额也有高有低。
E.当今中国的彩礼 彩礼在中国有着多年历史。目前,彩礼仍是中国婚嫁文化中最重要的内容之一,其部分传统功能在现代中国社会也仍然有效。虽然现在的中国法律未曾规定进入婚姻需要赠与女方彩礼,但赠与彩礼仍是中国人的共识。彩礼也是中国年轻人步入婚姻的一道重要门槛。近年来,彩礼问题也成为了中国互联网上的热门话题。“高额、天价”成为了彩礼的首要表现。彩礼金额攀升到几万到几十万人民币不等,给许多青年一代婚恋选择造成沉重的经济压力和心理负担,并且引发了许多婚姻乱象和离婚纠纷(陈瑞燕2024,95)。
总而言之,如今中国的天价彩礼,似乎脱离了原本彩礼中的“礼”,而变得更侧重“财”。高额的彩礼也对中国的婚恋市场造成了一定的负面影响。从根本上而言,彩礼是由于男女社会地位的不平衡而诞生的。由于男女社会地位的不平衡,所以男方通过支付一定金额彩礼,对女方进行一定的经济补偿。倘若想缓解彩礼带来的负面效应,应当推动男女社会地位的真正平等。当女性不再是社会中的弱势群体、当女性不再需要通过彩礼为今后的婚姻生活进行担保时,彩礼或许就能从“财”转变为“礼”。
术语
Bride Price彩礼
Ancient古代
Labor resources劳动力资源
Woman's family女方家庭
Etiquette礼
Financial Compensation经济补偿
Risk avoidance规避风险
Contract契约
问题 1.彩礼是什么? 2.“六礼”包括哪些内容? 3.彩礼在中国古代主要有哪些传统功能? 4.文中提到哪个国家的彩礼是法律规定的内容?
答案 1. 彩礼又称聘礼,是中国的传统婚嫁风俗文化之一。在中国已有几千年历史。在中国传统社会中,彩礼原始功能主要为:男方向女方父母送上一定价值的财物,以表明结婚意向。此外,彩礼还可以显示男方的家庭财力,以减少进入婚姻的阻力。 2. 中国古代有“六礼”的说法,从议婚至完婚过程中的六种结婚礼节。包括:纳采、问名、纳吉、纳征、请期、亲迎。其中又以“纳征”和“亲迎”最为重要。“纳征”的含义为:男方向女方家提供聘礼,聘礼便是如今的“彩礼”,“纳征”可以说是中国最早的彩礼风俗。 3. 补偿功能、规避风险功能、契约功能。 4. 伊朗
参考文献 [1]向吴艺文.我国婚嫁文化中彩礼风俗的历史脉络研究[J].文化学刊,2024,(02):6-8. [2]尹森林.我国彩礼制度的功能分析及理性演进[J].法制与社会,2019,(21):135. [3]刘云生.如何正确认识彩礼婚俗?[J].法治时代,2024,(05):22. [4]冀开运,廖希玮.伊朗彩礼制度的起源、演变及特征[J].西亚非洲,2023,(01):20. [5]陈瑞燕.从契约到支付:婚姻礼俗的功能流变与农村天价彩礼危机[J].青年学报,2024,(05):95. [6]Ajibola O,柯扬茜,李文志,et al.关于中国和非洲约鲁巴部落婚姻习俗中彩礼的比较研究(英文)[J].华东师范大学学报(自然科学版),2020,(S1):45-46. [7]Aasoglenang A T, Susan L, Bonye P. Bride price payment and marriage Stability: An ethnographic study of the Brifors of the Upper West Region, Ghana[J].World Development Perspectives,2024,100626. [8]Deng A Y. Do Practices such as Dowry and Bride Prices Relate to Violence Among Migrants in OECD countries?[J].Social Science Protocols,2019,1.
未使用AI陈述 本人在此保证,未借助人工智能来撰写此课程结课论文。
Bride Price
Wang Yujiao Wendy
Abstract Wedding culture is an important part of the culture of a region. As one of the most important parts of the marriage culture, the bride price is very worthy of our attention. This paper firstly introduces the meaning of bride price and its historical tracing. Secondly, it introduces the historical evolution of the bride price in terms of content. Then, it analyzes the three traditional functions of bride price in ancient China, namely: compensation function, risk avoidance function, and contract function. In addition, the bride price cultures of other countries are briefly introduced. Finally, the negative impacts and solutions of the bride price culture in China today are discussed.
A. The Meaning and History of the Bride Price Tracing 1. Meaning of the Bride Price The bride price, also known as Pin Li(聘礼), is one of China's traditional marriage customs and culture. It has a history of several thousand years in China. In traditional Chinese society, the original function of the bride price is that the man sends a certain value of property to the woman's parents to show the intention of marriage. In addition, the bride price can also show the financial strength of the man's family in order to reduce the resistance to enter into marriage.
2. History of the Bride Price In ancient China, there were “Liu Li(六礼)”, six marriage rituals in the process of marriage negotiation and marriage consummation. Including: Na Cai, Wen Ming, Na Ji, Na Zheng, Qing Qi, Qin Ying(纳采,问名,纳吉,纳征,请期,亲迎).Among them, the “Na Zheng” and the “Qin Ying” are the most important. The meaning of “Na Zheng” is that the man offers the Pin Li to the woman's family, which is now known as the “bride price”, and “Na Zheng” is the earliest custom of bride price in China. (Xiang Wuyiwen 2024,6)
B. Historical Evolution of the Bride Price In the ancient times, the bride price was mostly birds and animals. By the Zhou Dynasty, the bride price for ordinary people was mostly bird skin and cloth. At the same time, there were also direct use of money as bride price. At this time, the amount of bride price is not high, and its symbolic significance is greater than its actual gift value. By the Han Dynasty, gold became the main bride price, and people began to pay attention to the actual value of the bride price. In the Song Dynasty, the amount of bride price continued to rise. In folklore, people began to pursue the “Three Golds(三金:金钏、金镯、金帔坠)” , and this custom has continued into contemporary China. By the middle of the Yuan Dynasty, the rulers noticed the negative impact of excessive bride price on society and restricted the bride price by enacting regulations to address the heavy burden of bride price on the common people, but the effect was limited. In the middle and late Ming and Qing dynasties, in addition to money, gold and silver jewelry also became a common requirement for the bride price, and the bride price became more and more realistic. After the founding of the People's Republic of China, the Marriage Law of the People's Republic of China did not provide for the bride price system, and the bride price completely changed into a cultural and folk customs. Although the bride price no longer has a legal status, it still exists in China as a culture because it has a long historical origin and a deep social foundation in the folklore. (Xiang Wuyiwen 2024, 7-8)
C. Traditional Functions of the Bride Price 1. Compensation Function During the feudal period in China, women became subordinate to men after marriage. Under this social concept, once a woman is married, she is transferred from her mother's family to her husband's family. As a result, the woman's family of origin suffered a loss of labor resources. In traditional farming societies, labor resources are the greatest wealth. The woman's family has invested a long time in raising her daughter to adulthood. However, after the daughter is married, all the output will belong to the man's family. And the bride price is a compensation for this economic loss, so that the interests of the two families can be balanced. (Yin Senlin 2019, 135)
2.Risk Avoidance Function The bride price is a way for the woman to avoid risk. In the feudal era, the woman began to subordinate to the man after marriage and needed to rely on him to live. And the bride price can test the economic condition of the man. Moreover, the moral system of ancient China has harsh requirements on women's chastity, even if the marriage contract is canceled, it will lead to a greater pressure on the moral level of women, and it is difficult to find a suitable marriage partner again. Therefore, in order to avoid the risk as much as possible, the custom of bride price has appeared and continued. As a result, even if the marriage contract is torn up, the woman can at least get the bride price as financial compensation. (Xiang Wuyiwen 2024,7)
3.Contract Function From the Zhou and Qin Dynasties to the late Qing Dynasty, the bride price was an important basis for the law to determine whether a marriage contract existed and was valid. Generally, the bride price would be clearly recorded in the written marriage contract as a proof of the marriage contract's establishment. According to the Tang Lv Shu Yi(唐律疏议) and Da Ming Lv(大明律) Da Qing Lv(大清律), even if a man and a woman did not have a written marriage contract or marriage certificate, as long as there was a fact that the man delivered the property and the woman received the property, the two parties could be recognized as having a marriage contract in accordance with the judicial process at that time. (Liu Yunsheng 2024, 22)
D. Bride Price Culture in Other Countries The bride price is not unique to China; it is practiced in many parts of the world. In Iran, the bride price is called mehrieh. And, the bride price is traditionally both the necessary procedures for the conclusion of marriage, but also the man must fulfill an obligation, in most cases need to be clear by both men and women in the amount of the bride price before the marriage, to be claimed by the woman after the marriage or divorce by the man to cash. (Ji Kaiyun 2023, 20). In the Yoruba tribe of Nigeria, the man gifts the woman's family a certain amount of property before marriage. Generally, however, the amount of money gifted is only in the range of Rs 5000 (about RMB 100 to RMB 400) (Ajibola O 2020, 45-46). Among the Yoruba tribes, bride price seems to be more of a symbolism. In the Upper West Region of Ghana, the man is required to give the woman cash, clothing, ornaments, etc., before marriage, and the exact amount varies according to the family's financial status (Aasoglenang A T 2024, 100626). In addition, bride price is practiced in many regions such as Sudan, Zimbabwe and India. (Deng A Y 2019, 1) In most regions, bride price exists only as a cultural custom. However, there are regions like Iran where bride price has been incorporated into the law. The amount of bride price also varies from high to low.
E. Bride Price in China Today The bride price has a long history in China. At present, the bride price is still one of the most important elements of Chinese marriage culture, and some of its traditional functions are still valid in modern Chinese society. Although Chinese law does not now require a bride price to enter into a marriage, it is still a common understanding among Chinese people to give a bride price. The bride price is also an important threshold for young Chinese to enter into marriage. In recent years, the issue of bride price has also become a hot topic on the Chinese Internet. “High and sky-high prices have become the first manifestation of the bride price. The amount of bride price has risen to tens of thousands to hundreds of thousands of RMB, which has caused heavy economic pressure and psychological burden on many young people's marriage choices, as well as triggered many marital chaos and divorce disputes (Chen Ruiyan 2024, 95).
All in all, China's exorbitant bride price seems to be detached from the original “etiquette” of the bride price and has become more focused on “money”. The high bride price has also had a negative impact on China's marriage market. Fundamentally, the bride price was born out of the imbalance between the social status of men and women. Because of the imbalance in social status between men and women, the man pays a certain amount of bride price to compensate the woman for her financial situation. If the negative effects of the bride price are to be mitigated, true equality between men and women should be promoted. When women are no longer a disadvantaged group in society, and when they no longer need to guarantee their future married life through the dowry, the dowry may be transformed from “money” to “etiquette”.
Terms and Expressions Bride Price彩礼 Ancient古代 Labor resources劳动力资源 Woman's family女方家庭 Etiquette礼 Financial Compensation经济补偿 Risk avoidance规避风险 Contract契约
Questions 1. What is the bride price? 2. What is the Liu Li(六礼)? 3. What are the main traditional functions of the bride price in ancient China? 4. In which country is the bride price a legal requirement?
Answers 1. The bride price, also known as Pin Li(聘礼), is one of China's traditional marriage customs and culture. It has a history of several thousand years in China. In traditional Chinese society, the original function of the bride price is that the man sends a certain value of property to the woman's parents to show the intention of marriage. In addition, the bride price can also show the financial strength of the man's family in order to reduce the resistance to enter into marriage. 2. In ancient China, there were “Liu Li(六礼)”, six marriage rituals in the process of marriage negotiation and marriage consummation. Including: Na Cai, Wen Ming, Na Ji, Na Zheng, Qing Qi, Qin Ying(纳采,问名,纳吉,纳征,请期,亲迎).Among them, the “Na Zheng” and the “Qin Ying” are the most important. The meaning of “Na Zheng” is that the man offers the Pin Li to the woman's family, which is now known as the “bride price”, and “Na Zheng” is the earliest custom of bride price in China. 3. Compensation function, risk avoidance function, and contract function. 4. Iran
References 1. 向吴艺文Xiang Wuyiwen. (2024). 我国婚嫁文化中彩礼风俗的历史脉络研究[Study on the historical lineage of bride price custom in China's marriage culture]. 文化学刊[Cultural Journal], (02):6-8. 2. 尹森林Yin Senlin. (2019). 我国彩礼制度的功能分析及理性演进[Functional Analysis and Rational Evolution of the Bride Price System in China]. 法制与社会[Legal system and society], (21):135. 3. 刘云生Liu Yunsheng. (2024). 如何正确认识彩礼婚俗?[How to correctly understand the bride price wedding custom?]. 法治时代[Era of the rule of law], (05):22. 4. 冀开运Ji Kaiyun, 廖希玮Liao Xiwei. (2023). 伊朗彩礼制度的起源、演变及特征[Origin, evolution and characteristics of the bride price system in Iran]. 西亚非洲[West Asia and Africa], (01):20. 5. 陈瑞燕Chen Ruiyan. (2024). 从契约到支付:婚姻礼俗的功能流变与农村天价彩礼危机[From Contract to Payment: The Functional Flux of Marriage Rituals and the Crisis of Rural Bride Price Crisis]. 青年学报[Journal of Youth Studies], (05):95. 6.Ajibola O, 柯扬茜, 李文志, et al. (2020). Betrothal gifts: A comparative study of Chinese and Yoruba marriage traditions. Journal of East China Normal University (Natural Science), (S1):45-46. 7.Aasoglenang A T, Susan L, Bonye P. (2024). Bride price payment and marriage Stability: An ethnographic study of the Brifors of the Upper West Region, Ghana. World Development Perspectives, 100626. 8.Deng A Y. (2019). Do Practices such as Dowry and Bride Prices Relate to Violence Among Migrants in OECD countries?.Social Science Protocols, 1.
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