清代徽州祀产合同研究

发布时间：2018-03-18 15:20

本文选题：徽州文书　切入点：祭祀　出处：《华中科技大学》2013年硕士论文　论文类型：学位论文

【摘要】：祀产对于清代徽州宗族非常重要，它是宗族祭祀拜祖活动得以延续的关键。在形式多样的徽州民间合同中，出现了不少祀产合同。它基于族人对合同的尊重和信任而在宗族内部发挥着约束力。最为常见的祀产合同形式无疑为分家析产时众存产业的提留，家长在分家之际，保证了九泉之下依然能得到子孙的奉养。另一种情况则是子孙们对共同的祖先有伦理上的积极响应，并又相应的财产可提供，于是通过合同设置专门的祀产，并规定相关的管理规则等。前一种方式下，各支丁享受同样的祀产权利。后一种方式下，往往会根据对祀产贡献的大小按股分配祀产权利，分股颁胙，所颁之胙于是有了精神和经济的双重效应，胙股在族内可以交易。族人切不可盗卖祀产，这点不仅写进了大清律例，也在宗谱和祀产合同中明文规定，受到宗族的强力规制。一旦发现有此逆子出现，，宗族将对其实施严厉的处罚。遭受处罚后，逆子在宗族内将不再受祖先的庇护，不再享有完整的人格，处罚重如“出族”者，甚至会对该逆子生存产生影响。古代中国人没有纯粹独立的发展选择，它必须依赖从家族到宗族的社会网络。中国人的自我实现正是以家为中心，然后推及房派、宗族、国、天下，一伦一伦的从生至死所依赖的社会网络之上。任何一个环节的忤逆都可能使个人遭受社会的排斥，人格不再完整。所以，中国人个性发展需要宗族支持，族群的强大是自我实现的重要基础和条件。这是族人争相设立祀产，并企图占据更多份胙的现实动力。清朝对祀产之设立采取宽容之政策，更加剧了民间祀产设立和添置之风盛行。
[Abstract]:The worship of property is very important to the clan of Huizhou in Qing Dynasty. It is the key to the continuation of the activities of offering sacrifices to the ancestors of the clans. In the various forms of folk contracts in Huizhou, There have been many contracts for sacrificial property, which play a binding role within the clan on the basis of respect for and trust in the contract. The most common form of contract for sacrificial property is undoubtedly the retention of the common property in the separation of the family and the separation of the family. It has ensured that the children can still be nurtured by their descendants under Jiuquan. Another situation is that the descendants have an ethical positive response to their common ancestors, and the corresponding property can be provided, so they set up special sacrificial properties through contracts. Under the former method, each branch enjoys the same right of offering sacrifices to the property. In the latter way, the right to sacrifice the property is often distributed according to the amount of contribution to the sacrificial property, and divided into shares. The company has both spiritual and economic effects, and shares can be traded within the tribe. The people of the people must not steal and sell sacrificial property. This was not only written in the Qing Dynasty laws and regulations, but also clearly stipulated in the genealogy and the contract of worship, and was strongly regulated by the clan. Once it was discovered that this adverse son appeared, After being punished, the adverse son will no longer be sheltered by the ancestors, no longer enjoy the complete personality, the punishment will be as severe as the "out of the clan", and will even have an impact on the survival of the adverse son. The ancient Chinese did not have a purely independent choice for development. They had to rely on social networks from the family to the clan. The self-realization of the Chinese was centered on the home, and then it was the house, the clan, the country, the world. On the social network on which Yilun and Yilun depend from life to death. The disobedience of any one link may result in the individual being excluded from the society and his personality no longer complete. Therefore, the development of the personality of the Chinese people needs the support of the clan. The strength of ethnic groups is an important foundation and condition for self-realization. This is the realistic motive force for the ethnic groups to strive to set up sacrificial properties and try to occupy more shares. The Qing Dynasty adopted a tolerant policy on the establishment of sacrificial properties. More intensified the folk worship of property establishment and purchase of the prevailing wind.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D929

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