试论中国中古良贱制度的衰亡

发布时间：2018-06-19 07:46

本文选题：良贱制度 + 消亡　；参考：《南京师范大学》2005年硕士论文

【摘要】：中古良贱制度是中国中古史研究中一个十分重要的问题。中古良贱制度自魏晋时期开始形成,南北朝时期逐步系统化、法典化,至隋唐达至成熟。唐中叶以后,逐步走向衰落与消亡。本文在前辈学者对中古良贱制度研究的基础上,针对良贱制度衰落这一学术前沿问题,尤其是戴建国先生发表于《历史研究》上的《“主仆名分”与宋代奴婢的法律地位》一文的若干观点,展开学术争鸣与讨论,提出了自己的一些学术见解。本文认为: 第一,“良贱之分”不能等同于“良贱制度”。在中国封建社会中,始终都存在着广义上的“良贱之分”;而系统全面的良贱身份等级制度,作为准确的法律用语,只存在于中古时期。第二,“奴婢制度”不能等同于“良贱制度”。奴婢制度尤其是官奴婢制度,只是良贱身份等级制度的一部分。奴婢制度贯穿于中国封建社会的始终。奴婢制度的存在,并不能说明良贱身份等级制度的存在。第三,中国中古良贱制度的消亡时间大体在北宋时期。北宋时期部曲、官户、杂户等贱民阶层已经消亡,仅存的奴婢阶层已经不能支撑起一个系统全面的良贱身份等级制度,何况奴婢阶层的主体迟至北宋仁宗时期已经变为性质不同于贱民奴婢的雇佣奴婢。第四,宋代奴婢不是必定受主仆名分的影响。宋代将雇佣奴婢纳入家族同居范畴,处于主仆名分影响之下,经历了一个逐步酝酿调试的过程。第五,宋代奴婢的法律地位自北宋至南宋呈现下降趋势,并非如戴建国先生所言呈波动变化,至南宋末又恢复至宋初的水平。第六,虽然北宋至南宋奴婢法律地位有所下降,但从整体上看宋代奴婢的法律地位远高于唐代奴婢。
[Abstract]:It is a very important issue in the study of Chinese ancient history that the system of good and mean in middle ancient times. The system began to form in the Wei and Jin dynasties, systematized and codified in the Southern and Northern dynasties, and reached maturity in the Sui and Tang dynasties. After the middle of the Tang Dynasty, it gradually declined and died out. On the basis of the previous scholars' research on the system of good and cheap in the Middle Ages, this paper aims at the decline of good and cheap system, which is a leading issue in the academic field. In particular, some viewpoints of the article "the position of Master and servant" and the legal status of slaves and maidservants in Song Dynasty, published by Mr. Dai Jianguo in Historical Studies, are discussed and discussed, and some of his academic opinions are put forward. This paper holds that: first, the distinction between good and low cannot be equated with "good and cheap system". In the feudal society of China, there has always been a broad sense of "good and low", but the systematic and comprehensive system of good and low status, as an accurate legal language, only existed in the Middle Ancient period. Second, the slave-servant system cannot be equated with the good and cheap system. The slave system, especially the official slave-servant system, is only a part of the system of good and low status. Slave-servant system runs through the feudal society of China all the time. The existence of slave-servant system can not explain the existence of good and inferior status hierarchy system. Third, the middle-ancient Chinese cheap system died out in the Northern Song Dynasty. In the Northern Song Dynasty, the untouchable classes, such as ministry songs, officials and households, have died out, and the remaining slave and maidservant classes have not been able to support a systematic and comprehensive system of good and cheap status hierarchy. Moreover, the subject of the slave class became different in nature from that of the untouchables in the period of Renzong in the Northern Song Dynasty. Fourth, the slaves of the Song Dynasty were not bound to be affected by the rank of master and servant. The Song Dynasty brought employed slaves into the category of family cohabitation and went through a gradual process of brewing and debugging under the influence of the rank of master and servant. Fifth, the legal status of slaves in the Song Dynasty from the Northern Song Dynasty to the Southern Song Dynasty showed a downward trend, which did not fluctuate as Mr. Dai Jianguo said, and recovered to the level of the early Song Dynasty at the end of the Southern Song Dynasty. Sixth, although the legal status of slaves from the Northern Song Dynasty to the Southern Song Dynasty has declined, the legal status of the slaves in the Song Dynasty is far higher than that of the slaves in the Tang Dynasty.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：K207

【共引文献】