论家长权力在《唐律疏议》中的体现
发布时间：2018-08-14 13:48
【摘要】： 在中国封建社会存续了近两千四百年,在这两千四百年的历史中,以宗法为基础、以“父权”“夫权”为代表的家长权力盛行是其一大特点。唐代作为中国历史上一个文化政策开明、经济较为繁荣的封建社会,继承了前代的封建家长制度并将其发展到一个新的阶段,家庭中家长的权力及其运行出现了新的整体特征。唐代家长权力实施之保障,除宗法、乡里俗约以及传统儒家礼教以外,其最大的特点就是把家长的权力写进法律,并在家庭、家庭成员、家族等方面作了细致而严肃的规定。 《唐律疏议》对家长权力的保护极其全面、到位,本文对这种细致、严密的保护进行仔细的揣摩研究。首先,《唐律疏议》中有关侵犯父母尊长及伦理的罪行在处刑和量刑上,比一般犯罪处置得更为严厉,其目的在于巩固家长权。其次,唐律对家庭中尊长与卑幼问互犯之罪进行量刑时,卑幼侵犯尊长的处罚要远比尊长侵犯卑幼严重地多,明显地体现出尊长的权威及其与卑幼之间的不平等。由此,唐代家庭中家长在家庭管理、教令子孙及维护家庭稳定等权力的具体实施中就获得了国家法律的支持与保障。唐代家长权力包括其对家庭之组织管理权、家庭经济管理权、对子孙卑幼的专制权、对子孙卑幼婚姻状况之决定权及选嗣权等。由于家长在经济上的支配地位与卑幼对家庭经济的依赖,家长便获得了支配所有家庭成员的资格与权力,甚至可以通过官府来掌控对子女生杀予夺的权力。唐代家庭中家长的权威及国家礼法的森严影响了宋代及以后的封建社会,甚至在当代社会中仍有体现。
[Abstract]:In the history of 2400 years, the patriarchal power, represented by patriarchal power and "patriarchal power", prevailed in China's feudal society for nearly 2400 years. As a feudal society with enlightened cultural policy and prosperous economy in the history of China, the Tang Dynasty inherited the feudal patriarchal system of the previous generation and developed it to a new stage. The power and operation of the parents in the family appeared new overall characteristics. Besides patriarchal clan, local custom and traditional Confucian ethics, the most important feature of the protection of parental power in the Tang Dynasty is to incorporate parental power into the law, and to incorporate parental power into the family and family members. The protection of parental power is extremely comprehensive and in place. This paper makes a careful and careful study on this kind of meticulous and strict protection. First of all, the crime of infringing on parents' elders and ethics in Tang Ru-Shu is more severe in punishment and sentencing than in ordinary crimes, and its purpose is to consolidate parental rights. Secondly, when the Tang Law carries on the punishment to the elder and the inferior child in the family mutual crime, the inferior child infringing the elder is much more serious than the elder infringing the inferior child, which obviously reflects the authority of the elder and the inequality between the elder and the inferior. Therefore, in the Tang Dynasty, the parents in the family were supported and guaranteed by the state law in the implementation of the rights of family management, order, and the maintenance of family stability. The power of parents in Tang Dynasty includes the right of organizing and managing the family, the right of economic management of the family, the autocratic power of inferiority to the offspring, the right to decide on the marital status of the descendant, and the right to choose the heir, etc. Due to their economic dominance and dependence on family economy, parents have acquired the qualification and power to dominate all family members, and can even control the power of life and death over their children through the government. The authority of the parents in the Tang Dynasty and the strictness of the national etiquette law influenced the feudal society in the Song Dynasty and later, even reflected in the contemporary society.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929
本文编号：2183052
[Abstract]:In the history of 2400 years, the patriarchal power, represented by patriarchal power and "patriarchal power", prevailed in China's feudal society for nearly 2400 years. As a feudal society with enlightened cultural policy and prosperous economy in the history of China, the Tang Dynasty inherited the feudal patriarchal system of the previous generation and developed it to a new stage. The power and operation of the parents in the family appeared new overall characteristics. Besides patriarchal clan, local custom and traditional Confucian ethics, the most important feature of the protection of parental power in the Tang Dynasty is to incorporate parental power into the law, and to incorporate parental power into the family and family members. The protection of parental power is extremely comprehensive and in place. This paper makes a careful and careful study on this kind of meticulous and strict protection. First of all, the crime of infringing on parents' elders and ethics in Tang Ru-Shu is more severe in punishment and sentencing than in ordinary crimes, and its purpose is to consolidate parental rights. Secondly, when the Tang Law carries on the punishment to the elder and the inferior child in the family mutual crime, the inferior child infringing the elder is much more serious than the elder infringing the inferior child, which obviously reflects the authority of the elder and the inequality between the elder and the inferior. Therefore, in the Tang Dynasty, the parents in the family were supported and guaranteed by the state law in the implementation of the rights of family management, order, and the maintenance of family stability. The power of parents in Tang Dynasty includes the right of organizing and managing the family, the right of economic management of the family, the autocratic power of inferiority to the offspring, the right to decide on the marital status of the descendant, and the right to choose the heir, etc. Due to their economic dominance and dependence on family economy, parents have acquired the qualification and power to dominate all family members, and can even control the power of life and death over their children through the government. The authority of the parents in the Tang Dynasty and the strictness of the national etiquette law influenced the feudal society in the Song Dynasty and later, even reflected in the contemporary society.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929
【引证文献】
相关硕士学位论文 前1条
1 李畅;唐代别籍异财罪研究[D];安徽大学;2012年
，本文编号：2183052
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