宋代收养制度研究

发布时间：2018-03-02 06:40

本文关键词： 宋代立嗣收养制度　出处：《苏州大学》2010年硕士论文　论文类型：学位论文

【摘要】： 中国古代社会是根据宗法制度建立起来的宗法社会。以血缘为纽带的宗法制度,是中国传统文化的重要特征之一。古人敬天法祖,追终慎远,希望宗族(家)族世代繁衍不息。为了保证已殁的祖先能享受子孙世世代代的祭祀,形成了由男系宗族承担祭祀祖先为主要内容的宗祧继承制度。所谓宗祧继承,就是指后世男系子孙继承先祖在宗族中的地位,像先祖一样率领宗族成员在宗庙中祭祀、供奉祖先,以期世代有人传承祖先的香火,乞求祖先的护佑,进而整合宗族,团结族人,使家族与宗族得以延续与光大。由于在以男子为中心的社会中,祭祀这件庄严隆重的大事必须由男子主持,所以延续宗祧、使祖先永享后嗣祭祀就成为中国传统社会各宗族(家族)重视生育的原因所在。传统中国宗祧继承的原则是“有子立嫡,无子立嗣”,由男系之嫡长子孙世代相承。若无男系子孙,则采取拟制性的补救措施,即设立一个拟制的亲子——嗣子,以此来延续自然血缘关系的断裂,从而达到血统继承的目的,“上以事宗庙,下以继后嗣”。而在中国古代社会中,嗣子的确立多通过收养来完成,因此出现了收养这样一种在中国古代延绵不绝的社会现象。与之相关的一整套复杂的社会习俗以及国家法律也世代相传,越来越完备,构成中国古代法律文化的重要组成部分。在中国古代传统社会不断演变的历史进程中,宋王朝取得了其应有的重要历史地位。宋朝是经过唐末五代社会长期动乱之后建立的,而唐末五代又是一个礼崩乐坏的时代。欧阳修在《新五代史》中称:“五代之际,礼乐崩坏,三纲五常之道绝,先王之制度文章于是扫地矣。”在这种条件下,恢复重建伦理宗法秩序就成了宋代统治者必须面对的时代课题。收养制度是作为维护封建宗法伦常的重要手段,在宋代具有极其典型的意义。当前,我国正在大力弘扬传统文化,中国社会受传统文化的影响依然很明显。因此,对宋代收养制度进行梳理、诠释、分析,取其精华,弃其糟粕,或许可为现实的法制建设提供借鉴,收到古为今用的效果。关于宋代收养制度,学术界已经取得一定的研究成果,并非空白,不过仅涉及立嗣与财产继承等一方面。有鉴于此,本文拟对宋代的收养制度做一个相对系统的考察,以期对它有个较为全面的认识。
[Abstract]:Ancient Chinese society is a patriarchal society established according to patriarchal clan system. The patriarchal clan system based on blood relationship is one of the important characteristics of Chinese traditional culture. It is hoped that the clan (family) clan will continue to reproduce for generations. In order to ensure that the deceased ancestors can enjoy the sacrifices of their descendants from generation to generation, the patriarchal clan has formed a system of ancestral clan succession, in which the patriarchal clan assumes the main content of offering sacrifices to the ancestors. That is to say, the descendants of the later generation inherited the position of their ancestors in the clan. Like their ancestors, they led their clan members to sacrifice and worship their ancestors in the temple, in the hope that someone would inherit the incense of their ancestors from generation to generation, beg for the protection of their ancestors, and then integrate the clan. Unite the people so that the family and clan can continue and grow up. Because in a male-centered society, sacrifice to this solemn event must be presided over by the man, so the continuation of the clan system, The ancestral sacrifice of the heirs became the reason why the families attached importance to fertility in the traditional Chinese society. The traditional Chinese patriarchal inheritance principle is that "there are sons and daughters, not children and heirs," which are inherited from the grandsons of the male lineage. If there are no male descendants, fictitious remedial measures are taken, that is, the creation of an imaginary parent-son, that is, the establishment of an imaginary parent-son. In order to continue the breakage of natural blood relations, and thus to achieve the purpose of lineage inheritance, "from the above to the temple, and from the next to the heirs". In ancient China, the establishment of the issue was mostly accomplished by adoption. As a result, adoption, a social phenomenon that has continued continuously in ancient China, has become more and more complete and has become an important part of ancient Chinese legal culture, and a whole set of complicated social customs and national laws related to it have been handed down from generation to generation. In the historical process of the continuous evolution of the ancient Chinese traditional society, the Song Dynasty gained its due historical status. The Song Dynasty was established after the long period of social unrest in the late Tang and the five dynasties. In the History of the New five dynasties, Ouyang Xiu said: "at the time of the five dynasties, the principles of ceremony and music were destroyed, and the system of the previous kings was destroyed." under such conditions, The restoration of ethical patriarchal order has become an important issue for the rulers of the Song Dynasty. As an important means to maintain the feudal patriarchal clan system, the adoption system has a very typical significance in the Song Dynasty. At present, our country is vigorously carrying forward the traditional culture, and the influence of the traditional culture on Chinese society is still very obvious. Therefore, the adoption system of the Song Dynasty is combed, interpreted, analyzed, its essence is taken, and its dross is discarded. May provide the reference for the reality legal system construction, receives the effect which the past is used for the present. As for the adoption system of Song Dynasty, the academic circles have made some achievements, which are not blank, but only related to the inheritance of property and so on. In view of this, this paper intends to make a relatively systematic investigation on the adoption system of the Song Dynasty. In order to have a more comprehensive understanding of it.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929;D923

【引证文献】