多视角下的中国家族法

发布时间：2018-05-23 12:33

本文选题：家族 + 社会　；参考：《苏州大学》2011年硕士论文

【摘要】：中华法系是公认的世界五大法系之一,而中华法系一个公认的显著特征就是重血统,重亲情,维护宗法纲常。从这个意义上看,中华法系亦可称为“宗法法系”。如果中华法系主要指的是国家制定法,那么,与其相对应的还有一套长期普遍存在于民间社会的家族法。家族法在社会中所发挥的作用或许不逊色于国家法。因此,家族法的研究越来越受到中外学者的重视,并取得不少学术研究成果。本文在已有研究成果的基础上,试图通过以下路径进一步探讨中国的家族法:一是动态考察家族法的源流,以便认识家族法经久不衰的强大生命力;二是将家族法置于宏观的历史条件下,探讨其产生发展普及的必然性与合理性;三是梳理家族法的内容,主要是中国古代史后期家族成文法的内容,以便了解家族法所具有的不可替代的诸多功能;四是论述家族法的法律属性,本文认为,家族法内容丰富,功能齐全,作用极大,具有多重法律属性,不可拘泥于一端,只是把它当做某种纯一的法律看待;五是对家族法做出价值意义上的评判,既充分肯定其必然性、合理性和积极的正面意义,同时也不否定其消极意义。上述五个方面是本文的主体部分,并考虑到其内在的逻辑关系,同时也是本文探讨家族法的五条进路,分别阐述家族法的不同问题,力图对家族法有个较为系统全面的认识,做出客观公允的评判。
[Abstract]:Chinese law system is recognized as one of the five major legal systems in the world. In this sense, the Chinese legal system can also be called "patriarchal law system". If the Chinese legal system mainly refers to the state law, there is also a family law which has existed in civil society for a long time. Family law may play no less important role in society than national law. Therefore, the research of family law has been paid more and more attention by Chinese and foreign scholars, and has made a lot of academic research results. On the basis of the existing research results, this paper tries to further explore the family law in China through the following ways: first, the dynamic investigation of the origin of the family law, in order to understand the strong vitality of the family law; The second is to put the family law under the macroscopic historical condition, to discuss the inevitability and rationality of its emergence, development and popularization, the third is to sort out the content of the family law, which is mainly the content of the family statute law in the later period of Chinese ancient history. In order to understand the family law has irreplaceable many functions; fourth is to discuss the legal attributes of the family law, this paper believes that the family law is rich in content, complete functions, great role, has many legal attributes, can not be restricted to one end, The fifth is to judge the family law in the sense of value, which not only fully affirms its inevitability, rationality and positive significance, but also does not negate its negative significance. The above five aspects are the main part of this paper, and take into account its inherent logical relations. At the same time, it is also the five approaches to discuss the family law in this paper, and to expound the different problems of the family law respectively, in order to have a systematic and comprehensive understanding of the family law. Make an objective and fair judgment.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929

【参考文献】