頁籤選單縮合
題 名 | 秦律婚姻與親屬、繼承關係之研究=A Study of Chin's Marriage、Relative and Heritage Systems |
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作 者 | 傅榮珂; | 書刊名 | 嘉義技術學院學報 |
卷 期 | 63 1999.04[民88.04] |
頁 次 | 頁85-99 |
分類號 | 582.11 |
關鍵詞 | 已宮; 未官; 隸臣; 隸妾; 夏子; 贅[faa7]; 子; Officially recognition; Unofficially recognition; Male slaves; Female slaves; Live-in son-in-law; Exiled son; |
語 文 | 中文(Chinese) |
中文摘要 | 奏原是我國西北地區--蠻貊之國,其文化遠比中原齊、魯之邦落後,反映在婚姻 制度上,一向是女雜居、父子無別。至商鞅變法,始更其制,立父子之義,別夫婦之情,厲 行婚姻報官制度,俾人民得以遵行。然現存典籍,無法窺之奏之相關律法。西元一九七五年 ,睡虎地秦律法簡出土後,對秦之婚姻、親屬及繼承制度,頗有所載,今就秦簡探討秦之婚 制,如秦婚姻之成立須報官始得認定,夫妻之權利義務,明顯存有男尊女卑之傾向,在家庭 中,秦之家父權甚大,掌管全家經濟之大權,對子女不僅可隨意鞭苔,且有生殺予奪之權。 對於財產、爵位之繼承,秦更有一定法式,而納入法律範疇。故秦之婚姻、親屬及繼承制度 影響後世甚遠矣! |
英文摘要 | Chin ( 秦 ) was a barbarian dynasty in our northwest areas. Its culture was far behind Chi (齊 ) and Lu (魯 ). It was usually males and females living together, regardless of the generation difference in its marriage system. This marriage system remained the same until Sunyen (商鞅 ) made some changes. Sunyen (商鞅 ) began to emphasize there should be some differences between the generations which referred to the ethics between a father and a son and the affections between a married couple. Since then, all the marriages should be recognized officially through the government. All the citizens were required to follow this regulation. However, no official records about Chin's (秦的 ) marriage regulations was found in the current literature review. In 1975, in the area of Sueafudi, (睡虎地 ) some of the bamboo pieces about Chin's (秦的 ) laws were found. These bamboo pieces indicated clearly Chin's marriage relative and heritage systems. This study aimed to study Chin' (秦的 ) marriage system from them. According to these records, we understood Chin's (秦的 ) marriages must be recognized officially through the government. They also stated clearly the rights and duties between a married couple. The positions of males were found to be much higher than those of the females. In Chin's society, the father had a tremendous power over the other family. He was in charge of the finance. He had the right to beat his children and even to kill them on his own will. He had the right to decide how to distribute his money and who to inherit his social rank. Chin (秦 ) had certain legal regulations about these events. Accordingly, Chin's (秦的 ) marriage ' relative and heritage systems had a powerful influence on the later generations. |
本系統中英文摘要資訊取自各篇刊載內容。