宋代立嗣制度研究

发布时间：2018-03-28 05:35

本文选题：宋代　切入点：立嗣制度　出处：《华东政法大学》2007年硕士论文

【摘要】： 自从西周建立宗法制度,并在血食观念的影响下,奉行“大宗子”主祭的原则开始,立嗣作为一种社会习俗登上了历史的舞台。起初,立嗣的情况仅发生贵族家庭之中。“大宗无后而立小宗之子为后”,虽然立嗣基于祖先祭祀而产生,但是立嗣的出现还起到了维护了贵族大家庭等级制度的作用。到了秦汉时期,由于战乱的长期影响,宗族散失,人人各自为宗,因此立嗣成为了所有百姓家庭的事情。从此立嗣观念深入人心,作为宗祧继承的保障手段,不仅延续了封建礼教的统治地位,更对中国封建制度的维持和巩固产生了重要的作用。然而唐代以前,立嗣仅仅是一种民间习俗,受到传统礼教的影响,却没有受到法律的规范。立嗣行为是否适当,由礼教的经义、社会的习俗来判断,法律没有相关的规定,自然也就没有了判断和处罚的依据。唐代首次出现了有关立嗣的法律条文,但仅对立嗣问题作了简单的规定,而无法使立嗣制度形成一个完整的系统。直到宋代,在沿袭唐律的基础上,结合当时的社会经济环境,制定出了一系列与立嗣相关的律令。在法律、习俗和礼教的相互影响和作用下,特别是诉讼观念的转变,立嗣制度逐渐系统化和完善化,为明清立嗣制度的继续发展打下了坚实的基础。有鉴于立嗣与传统宗法观念的相互作用,以及立嗣对于中国古代整个封建社会发展的重要作用,选择宋代这个致力于加强封建专制集权和儒家思想统治的时期,来探讨立嗣制度的形成和内容,对研究整个古代社会立嗣制度的发展和作用都有重要的意义。本文包括前言、正文和结语三个部分。其中正文由四章组成。前言主要介绍了立嗣的起源、界定了立嗣的概念,先行解决有关立嗣的基本问题,以方便后文直接对宋代立嗣制度展开具体的论述。第一章对宋代立嗣制度系统化的原因进行了分析,试图找出宋代大量颁布有关立嗣律令的理由。同时也通过原因的分析,力图让人了解立嗣对于宋代社会的重要性。第二章和第三章对宋代立嗣制度的内容进行了全面的介绍。从最基本的立嗣主、客体规定到富有特色的主、客体变更等立嗣程序的规定,宋代立嗣制度的内容包括了实体法和程序法两部分,其系统化和完备化由此可见一般。第四章则是通过与其他各朝代的比较,着重论述宋代立嗣制度中包含的变革性内容,并在特定的历史条件下寻找变革产生的实质。由此,对宋代立嗣制度进行了全方位的考察。结语部分重申了立嗣对于整个中国古代社会的重要性。并对宋代立嗣制度承前启后的作用进行了交代,突出了宋代在立嗣发展过程中的重要地位。
[Abstract]:Since the establishment of the patriarchal clan system in the Western Zhou Dynasty, and under the influence of the concept of blood and food, the principle of "the principal sacrifice of a large number of sons" has been followed, and as a social custom, it has mounted on the stage of history. At first, In the aristocratic family, there were only the aristocratic families. "A large number of children of the small clan became the next." although the descendants were born on the basis of ancestral sacrifices, the appearance of the heir also played a role in safeguarding the hierarchical system of the noble extended family. In the Qin and Han dynasties, As a result of the long term influence of the war, the clan was lost, and everyone was a sect, so the issue became a matter for all the common people's families. Since then, the idea of the heir has been deeply rooted in the people's heart, and as a safeguard for the patriarchal system, it has not only continued the dominant position of the feudal ethics, It also played an important role in the maintenance and consolidation of China's feudal system. Before the Tang Dynasty, however, the heir was only a folk custom, influenced by the traditional rites, but not regulated by the law. Whether the act of establishing the heir was appropriate was judged by the Confucian scriptures and social customs, and there was no relevant provision in the law. Naturally, there was no basis for judgment and punishment. The Tang Dynasty appeared for the first time a legal provision on the issue of heirs, but only a simple stipulation was made on the issue of heirs, which could not form a complete system. Until the Song Dynasty, On the basis of following the laws of the Tang Dynasty and combining with the social and economic environment of that time, a series of laws and decrees related to the establishment of the heir were formulated. Under the mutual influence and function of law, custom and etiquette, especially the change of the concept of litigation, The gradual systematization and perfection of the heir system laid a solid foundation for the continued development of the inheritance system in the Ming and Qing dynasties. In view of the interaction between the heir and the traditional patriarchal concept, and the important role of the heir in the development of the feudal society as a whole in ancient China, It is of great significance to choose the Song Dynasty, which is devoted to strengthening the feudal autocratic centralization and Confucian rule, to explore the formation and content of the heir system, which is of great significance to the study of the development and function of the inheritance system in the whole ancient society. This paper consists of three parts: preface, text and conclusion, in which the text is composed of four chapters. The preface mainly introduces the origin of the heir, defines the concept of the heir, and solves the basic problem of the issue in advance, so as to facilitate the specific exposition of the system of the heir in the Song Dynasty. The first chapter analyzes the reasons for the systematization of the succession system in the Song Dynasty, and tries to find out the reasons for the promulgation of a large number of legal orders on the issue in the Song Dynasty. At the same time, through the analysis of the reasons, the author tries to make people understand the importance of the heir to the society of the Song Dynasty. The second and third chapters give a comprehensive introduction to the content of the heir system in the Song Dynasty. From the most basic provisions of the heir owner, the object stipulation to the characteristic subject and object change and so on, the provisions of the heirship procedure. The content of the system includes two parts: substantive law and procedural law. The fourth chapter is through the comparison with the other dynasties, emphatically discusses the reform content contained in the system of the heir in the Song Dynasty, and looks for the essence of the change under the specific historical conditions. This paper makes an all-round investigation on the system of establishing heir in the Song Dynasty. The conclusion part restates the importance of the heir to the whole ancient Chinese society, and explains the function of the inheritance system in the Song Dynasty, which highlights the important position of the Song Dynasty in the process of the development of the heir.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D929;K244

【相似文献】