彝族习惯法中的祖先崇拜因素初探

发布时间：2018-05-30 14:40

本文选题：习惯法 + 祖先崇拜　；参考：《四川大学》2005年硕士论文

【摘要】：彝族是一个文化源远流长的民族,有着自古相传的原始宗教。彝族原始宗教是以祖先崇拜为主要信仰形式,作为一种集体无意识的积淀,深埋于彝人的传统观念之中。把人们所能感知的事物组织起来,赋予一定的宗教意义以求得整个社会观的统一。彝族习惯法历史悠久,它的形成与彝族的地理环境、社会制度、历史文化等有着密切的联系,在绵延一千多年的历史发展进程中,彝族习惯法逐渐形成了具有鲜明的自身特色的民族法规,从而成为中华法律文化之林中独树一帜的习惯法。作为稳定社会成员的行为准则,影响着彝人的生活方式、道德观念和价值观念。应该看到,习惯法在当今彝族地区仍具有影响力。自民主改革以来,彝族地区包括法文化在内的社会文化虽有较大的变迁,但由于种种自然的、经济的、历史的、现实的、观念的因素,受祖先崇拜制约的习惯法仍广泛存在,潜在或公开地发挥效力,出现了国家制定法和彝族习惯法在彝区存在的二重现象,纸面上的法是国家制定法,现实生活中大部分适用的却是习惯法。对此,本文尝试从彝人的宗教信仰的角度,利用个案分析的方法,对彝族祖先崇拜和彝族习惯法的关系予以梳理,阐明彝族祖先崇拜对彝族习惯法的制约,是导致当今彝区法冲突的二重现象的根本原因。通过对彝族习惯法中的家支外婚、奸淫幼女罪及伤害耳罪的个案分析,可以看到,彝人的祖先崇拜观念制约着该规范的形成与实施。家支外婚作为彝族习惯法中的婚姻制度一个重要原则,受到习惯法的严格保护,对于违反该原则,彝语称为“几约”,相当于汉语的乱伦,习惯法规定了违反“几约”者必须处死。彝人的这种家支外婚制的根据,来源于其对共同的祖先依恋、崇拜的宗教情结而形成。彝族习惯法对奸淫幼女罪的认定和处罚。与现行刑法的规定有所差异。
[Abstract]:Yi nationality is a nation with a long history of culture and has a primitive religion since ancient times. The primitive religion of Yi nationality is a kind of collective unconscious accumulation which is deeply buried in the traditional concept of Yi people with ancestor worship as the main form of belief. Organize what people can perceive and give religious meaning to the unity of the whole society. Yi customary law has a long history, and its formation is closely related to the Yi people's geographical environment, social system, history and culture, etc., in the course of more than one thousand years of historical development, The customary law of the Yi nationality has gradually formed the national laws and regulations with its own distinctive characteristics, thus becoming the unique customary law in the forest of Chinese legal culture. As a member of stable society, the code of conduct affects the way of life, morality and values of Yi people. It should be noted that customary law still has influence in Yi nationality areas today. Since the democratic reform, the social culture in Yi nationality areas, including legal culture, has undergone great changes, but due to various natural, economic, historical, realistic and conceptual factors, customary laws restricted by ancestor worship still exist widely. There is a double phenomenon that the law of the state and the customary law of the Yi nationality exist in the Yi area. The law on paper is the law of the state, but in real life most of the laws are applicable to the customary law. In this paper, from the point of view of Yi people's religious belief, this paper tries to comb the relationship between Yi people's ancestor worship and Yi customary law by using the method of case analysis, so as to clarify the restriction of Yi people's ancestor worship on Yi people's customary law. It is the root cause of the conflict of law in Yi area. Through the case analysis of the crime of extramarital marriage, adultery of young girl and the crime of harming ears in the customary law of Yi nationality, we can see that the concept of ancestor worship of Yi people restricts the formation and implementation of this norm. As an important principle of the marriage system in the customary law of the Yi people, family extramarital marriage is strictly protected by the customary law. For the violation of this principle, the Yi language is called "several covenants", which is equivalent to incest in Chinese. Customary law stipulates that violators of the Covenant must be executed. The basis of this family extramarital system of Yi people comes from their religious complex of attachment to common ancestors and worship. The identification and punishment of the crime of adultery of young girls in the customary law of Yi nationality. It is different from the existing criminal law.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：B933

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