清代安徽家族法研究

发布时间：2018-05-21 07:10

本文选题：清代 + 安徽　；参考：《湘潭大学》2011年硕士论文

【摘要】：中国自古就是一个宗法思想浓厚的国家,其宗法制度自周代就臻于完善,而宗法制度的根本即是嫡长子继承制。《礼记·大传》云:“别子为祖,继别为宗,继祢者为小宗。”先秦至南北朝时期,只有贵族才有宗法,这一时期伴随宗法制度出现的即宗庙的发展。《礼记·王制》记载:“天子七庙,三昭三穆,与太祖之庙而七。大夫三庙,一昭一穆,与太祖之庙而三。士一庙,庶人祭于寝。” 此时的宗庙也可以说是宗祠,其目的是为了祭祀,但同时也是等级和身份的象征。唐代以后,随着门阀地主的逐渐消失,庶族地主和农民的地位得以提高,宗法制度也逐渐在平民阶层普及。随着宗法制度在民间的普及,谱牒和与之相伴的家族法规应运而生。安徽家族法在清代时发展达到了一个空前的高度,其内容之丰富,涉及面之广都是前代所不及的,各家族都很重视家谱的修纂,所谓“家之有谱,犹国之有史”,故各世家大族可谓家家有谱,家族法规也成为调整伦理道德、婚姻继承、人们日常生活和交往等的工具之一,是仅次于国家法的存在。各家族对修谱、建祠、制定家规家训等乐此不疲,并以此严格要求子孙。安徽的家族法规虽然经历了不同的历史时期,却扮演着相同的历史角色,发挥着相同的历史和社会作用,影响到政治、经济、法律、家族等各个方面,清代安徽的家族法规亦是如此。家族制度在如今仍有较强的普遍性,家族法的许多精华也被现代文明借鉴吸收,冠之以民族文化和传统美德,并对现代人们的道德观念和法律意识,甚至于制度实践都产生了积极的影响。
[Abstract]:China has been a country with strong patriarchal thoughts since ancient times. Its patriarchal system has been perfected since the Zhou Dynasty, and the root of the patriarchal system is the succession of the eldest son. From the Pre-Qin Dynasty to the Northern and Southern dynasties, only the aristocrats had patriarchal clans, which was accompanied by the development of the patriarchal clan system. Doctor's three temples, a Zhao a Mu, and the temple of Taizu and three. Shiyi Temple, the common people sacrifice in bed. " The temple can also be said to be a temple, its purpose is to sacrifice, but also a symbol of rank and status. After the Tang Dynasty, with the gradual disappearance of the landlords, the status of the landlords and peasants was improved, and the patriarchal system was gradually popularized in the civilian class. With the popularity of patriarchal system in the folk, genealogy and the accompanying family laws came into being. The development of Anhui family law reached an unprecedented height in the Qing Dynasty. Its rich content and extensive coverage were beyond the reach of the previous generation. All families attached great importance to the compilation of genealogical trees, so called "the family has a spectrum, and the country of Judah has a history." Therefore, every family has its own family, and family laws and regulations have become one of the tools to adjust ethics, marriage inheritance, people's daily life and communication, which is second only to the existence of national law. Families are always happy with reading, building shrines, making family rules and instructions, and strictly require their children and grandchildren to do so. Although the family laws and regulations in Anhui have experienced different historical periods, they have played the same historical role, played the same historical and social role, and affected all aspects of politics, economy, law, family and so on. The same is true of the family laws of Anhui in the Qing Dynasty. At present, the family system still has a strong universality, and many of the essence of family law are also absorbed by modern civilization, which is crowned by national culture and traditional virtue, and the moral concept and legal consciousness of modern people. Even institutional practice has had a positive impact.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929

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