近代潮州陈姓家族法研究

发布时间：2018-05-07 04:07

本文选题：家庭法 + 搭姓　；参考：《西南政法大学》2009年硕士论文

【摘要】： 先古人们生活在以血缘为枢纽的氏族单位中,共同占有土地、共同劳动耕作、共同分享剩余劳动成果,人与人之间的联系紧密,逐渐形成了以家长为权力核心的家族法。在整个历史沿革中,它始终保留着族长、家长拥有决定性话语权的特征。姓氏的出现和行政区划的设定,使家族法细化而成具有地方特色的各种派别,潮州陈姓家族法就是在这样的背景下形成的。笔者有意将潮州陈姓家族法单列,对陈姓入潮和潮州陈姓家族法的演变着墨颇多,试图通过对家族法的起源、变迁、搭姓、入潮、现存状况等系列过程的描绘,阐释潮州陈姓家族(法)与中原陈姓家族(法)既一脉相承又别具特色,全面铺开潮州陈姓家族法的内容,揭示潮州陈姓家族法的“孝悌为先、忠信次之,义字当头、勤俭致业,读书为重、进退有方”的基本特点。一方面欣喜于在国家法的策鞭触不到时,家族法光鲜的用武之地;看到家族法在教化子弟民众、解决纠纷的直接和高效,指出潮州陈姓家族法的实用价值仍然存在;另一方面又对近代潮州陈姓家族法的现实影响具有引人向上与指导偏差的双重性质表示担忧。展示出潮州本地人较为遵从的一些家法族规,以一种忧思的心情,呼吁潮人乡亲重新审视家族法的价值,重视使家族法适应新时局生产、生活的发展。指出如今新生代的生活应当是健康的、积极的、有动力的、有追求的、向上的,其精神状态也应当是富足的、充实而美妙的,应当是值得欣慰的;而家法、家族法中的内容应当更多的体现一种对新生代的关怀、解放、鼓励、促进。对潮州本土陈氏居民的调查访谈,努力寻求民众意念与家族法思想的契合点,进一步了解潮人受家族法影响的深度和这一方水土人民的族群性格。通过潮人对现实问题看法上的不同,提出潮人需具备忧忠意识,并从一袭家乘做起,摆正自己和群体在社会中的地位,正视历史、正视现实,调整家长族长教授子弟族人的方法、方式、方向,培养他们看待问题、对待问题的正确态度,重点是形成一种海纳百川、不断进取的壮阔胸怀,使家族法观念在指导人们思想上真正发挥其积极向上的作用。
[Abstract]:First, the ancients lived in the clan unit with blood relation as the pivot, shared the land, worked and cultivated together, shared the surplus labor achievement together, the connection between people was close, and gradually formed the family law with the parents as the core of power. In the whole history, it always retains the patriarch and the parents have the decisive right to speak. The appearance of surnames and the setting of administrative divisions make the family law a variety of schools with local characteristics, Chaozhou Chen family law is formed under such a background. The author intends to make a separate list of the family law of Chaozhou Chen and the evolution of the family law of Chaozhou and Chaozhou. The author tries to describe the origin, changes, surnames, trends, existing conditions of the family law, and so on. This paper expounds that the Chaozhou Chen family (law) and the Central Plains Chen surname family (law) have both the same lineage and distinctive features, fully spread out the content of Chaozhou Chen surname family law, and reveal that Chaozhou Chen family law "filial piety first, loyalty second, meaning character at the head," Industrious and thrifty industry, reading is the most important, advancing and retreating the basic characteristics of the "." On the one hand, it is glad that the family law can not reach the state law, the family law has the opportunity to display its ability, and the family law is in the process of indoctrinating the children and people and solving the disputes directly and efficiently, and points out that the practical value of the Chaozhou Chen family law still exists. On the other hand, it is worried that the realistic influence of Chen family law in modern Chaozhou has the dual nature of leading people up and deviating from guidance. On the other hand, the author shows that some family laws and regulations which the local people of Chaozhou have complied with, with a worried mood, appeal to the villagers of Chaozhou to re-examine the value of the family law and attach importance to making the family law adapt to the development of production and life in the new times. It is pointed out that the life of the new generation should be healthy, positive, motivated, pursued and upward, and its mental state should be rich, full and beautiful, and should be comforting; The content of the family law should reflect the concern, liberation, encouragement and promotion of the new generation. The investigation and interview of Chen's native residents in Chaozhou sought to find out the fit point between the public's idea and the thought of the family law, and to further understand the depth of the influence of the family law on the Chaozhou people and the ethnic character of the people of the land and water of this side. Through the different views of the tide people on the practical problems, it is proposed that the tide people should have the consciousness of being concerned about loyalty, and start from a family, and straighten out the position of themselves and the group in the society, face the history squarely and face the reality squarely. To adjust the methods, ways and directions of parents and patriarchs to teach their children, and to train them to look at problems and treat them correctly, the key point is to form a kind of broad-minded and enterprising mind. So that the concept of family law in guiding people's thinking really play its positive role.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929

【参考文献】