秦汉简牍所见“私属”问题探讨
发布时间：2018-12-08 14:53
【摘要】：本文以简牍材料中先秦及秦汉时期有关“私属”的记载为着眼点,结合传世文献及今人研究成果,试图对“私属”进行细致的分析,归纳概括其内涵,并探究达成私属的渠道及私属与主人的关系,争取对“私属”有一个接近于史实的认识。绪论部分,探究了选题依据及私属问题的研究现状。学界围绕“私属”虽然进行了初步的探讨,但有些问题还比较模糊,存在深入研究的必要性和可能性。第一章分析了先秦秦汉时期私属的涵义及其发展演变。将字典类书籍中“私”、“属”的解释与现存史料中有关“私属”的记载互为参证,认为可将私属归纳为广义、狭义的概念;借助传世文献,指出先秦时期的私属主要指代家族成员,可以归结为广泛意义上的“私属”;通过分析简牍材料,认为秦汉时期的私属指的是隶属于私家,身份半自由的社会群体;有些奴婢和宾客虽没有“私属”之名,却拥有“私属”之实;通过探究秦简牍中有关“敖童”的记载,认为敖童有可能指被主人收留的儿童。第二章介绍秦汉时期私属关系达成渠道。该部分以现有文献材料为基础,通过分析归纳,认为私属关系的确定主要有官方权力达成和个人间达成两种渠道。官方权力并非仅在法律文献中规定私属关系,且某种程度上间接承认私人间业已达成的私属关系;个人间达成的私属关系要比官方权力的认可或规定的私属关系更加复杂。第三章论述了秦汉时期私属与主人的关系。本章主要从私属的法律地位和实际境况两方面来阐述。法律规定的私属关系较为合理,且为私属免为自由人提供条件;反之,私属的实际境况则比较复杂,主人为了自己的利益需要而给予私属优待,私属在替主人做事的过程中获得了相应的待遇及身份地位。最后是余论,论述了汉末三国时期的私属。以现存文献为基础,结合前人著述,主要探讨了客名义下私属关系的合法化、宗族私属身份的确定及私属的世袭化(士家制)三个方面的内容,得出此时的私属关系较秦汉时期有所强化的结论。
[Abstract]:This paper focuses on the records of "private affiliation" in the pre-Qin and Han dynasties in the bamboo slips, combined with the historical documents and the research results of present people, trying to make a careful analysis of the "private affiliation" and generalize its connotation. It also explores the channels of the private ownership and the relationship between the private family and the owner in order to have a close understanding of the historical facts. In the introduction part, the author probes into the basis of the topic and the current situation of the research on the issue of personal affiliation. Although the academic circles have carried on the preliminary discussion around "the private affiliation", but some questions are still relatively fuzzy, there is the necessity and the possibility of further study. The first chapter analyzes the meaning and development of private affiliation in pre-Qin, Qin and Han dynasties. The interpretation of "private" and "genus" in dictionary books and the records of "private affiliation" in the existing historical materials are mutually referenced, and it is concluded that the private belongs can be generalized and narrowly defined. With the help of the handed down literature, it is pointed out that the private members of the pre-Qin period mainly refer to the members of the family, which can be summed up as "private members" in a wide sense. Through the analysis of the bamboo slips, the author thinks that the private ownership in the Qin and Han dynasties refers to the social groups belonging to the private and semi-free status, some slaves and guests have the "private affiliation", although they do not have the name of "private affiliation", they have the "private belonging" reality. By exploring the records of Aotong in Qin bamboo slips, it is believed that Aotong may refer to children who are taken in by their masters. The second chapter introduces the channel of private relationship in Qin and Han dynasties. This part is based on the existing literature, through analysis and induction, it is concluded that the determination of private relationship mainly includes two channels: the official power and the individual. The official power not only prescribes the private relationship in the legal literature, but also indirectly recognizes the personal relationship which has been reached between the private individuals to some extent; the personal relationship between the individuals is more complicated than the official power's approbation or the stipulation of the private relationship. The third chapter discusses the relationship between private family and master in Qin and Han dynasties. This chapter mainly from the private legal status and the actual situation two aspects to elaborate. The private relationship stipulated by law is more reasonable, and provides the condition for the free person for the exemption of the private ownership; On the contrary, the actual situation of the private family is more complex, the owner gives preferential treatment to the private family for the sake of his own interests, and the private family obtains the corresponding treatment and status in the process of doing things for the owner. Finally, it discusses the private ownership of the three Kingdoms in the late Han Dynasty. Based on the existing literature and previous works, this paper mainly discusses the legalization of the private relationship under the name of the guest, the determination of the identity of the clan's private affiliation, and the hereditary (patriarchal system) of the private family. Draw the conclusion that the private relationship at this time is stronger than the Qin and Han dynasties.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K877.5
本文编号：2368539
[Abstract]:This paper focuses on the records of "private affiliation" in the pre-Qin and Han dynasties in the bamboo slips, combined with the historical documents and the research results of present people, trying to make a careful analysis of the "private affiliation" and generalize its connotation. It also explores the channels of the private ownership and the relationship between the private family and the owner in order to have a close understanding of the historical facts. In the introduction part, the author probes into the basis of the topic and the current situation of the research on the issue of personal affiliation. Although the academic circles have carried on the preliminary discussion around "the private affiliation", but some questions are still relatively fuzzy, there is the necessity and the possibility of further study. The first chapter analyzes the meaning and development of private affiliation in pre-Qin, Qin and Han dynasties. The interpretation of "private" and "genus" in dictionary books and the records of "private affiliation" in the existing historical materials are mutually referenced, and it is concluded that the private belongs can be generalized and narrowly defined. With the help of the handed down literature, it is pointed out that the private members of the pre-Qin period mainly refer to the members of the family, which can be summed up as "private members" in a wide sense. Through the analysis of the bamboo slips, the author thinks that the private ownership in the Qin and Han dynasties refers to the social groups belonging to the private and semi-free status, some slaves and guests have the "private affiliation", although they do not have the name of "private affiliation", they have the "private belonging" reality. By exploring the records of Aotong in Qin bamboo slips, it is believed that Aotong may refer to children who are taken in by their masters. The second chapter introduces the channel of private relationship in Qin and Han dynasties. This part is based on the existing literature, through analysis and induction, it is concluded that the determination of private relationship mainly includes two channels: the official power and the individual. The official power not only prescribes the private relationship in the legal literature, but also indirectly recognizes the personal relationship which has been reached between the private individuals to some extent; the personal relationship between the individuals is more complicated than the official power's approbation or the stipulation of the private relationship. The third chapter discusses the relationship between private family and master in Qin and Han dynasties. This chapter mainly from the private legal status and the actual situation two aspects to elaborate. The private relationship stipulated by law is more reasonable, and provides the condition for the free person for the exemption of the private ownership; On the contrary, the actual situation of the private family is more complex, the owner gives preferential treatment to the private family for the sake of his own interests, and the private family obtains the corresponding treatment and status in the process of doing things for the owner. Finally, it discusses the private ownership of the three Kingdoms in the late Han Dynasty. Based on the existing literature and previous works, this paper mainly discusses the legalization of the private relationship under the name of the guest, the determination of the identity of the clan's private affiliation, and the hereditary (patriarchal system) of the private family. Draw the conclusion that the private relationship at this time is stronger than the Qin and Han dynasties.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K877.5
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