试论汉唐时代家庭继承制度的反向制约

Discussion of the Backward Acting in the Family Inheritance System during Han and Tang Dynasty

家庭继承制度包括家产继承与身份继承两大内容。汉唐时代家庭继承制度中,上述两种继承的基本原则与精神恰相泾渭。家产继承中的“均”与身份继承中的“不均”,家产继承中的“不分嫡庶”、“不分长幼”与身份继承中的“嫡庶分明”、“长幼有序”,再加上王朝政权对家产继承与身份继承不同的行政态度,共同构成了一种互相贯通的反向制约关系。这种反向制约是中国古代小农家庭与小农经济存续的根本保障,也是中国古代基层社会稳定延续的根本保障。

The system of family inheritance includes property accession and identity succession. During Han and Tang Dynasty, the uhimate principles and natures of the two sides mentioned above are entirely different. The principles of family property accession are average but those of identity succession are uneven. Refer to property accession, legitimate son and illegitimate sons can share everything, whether they are young or old; but to identity succession, it is different dearly as to legitimate son or illegitimate sons, and the ranking is given according to their age. What above together with the regime＇s different attitudes between family property accession and identity succession, make up to an interpenetrate and backward acting connection, which is the essential guarantee of petty farmer family and economy＇s continuation in ancient China, and which is the essential guarantee of the basal society＇s burgeoning out steadily in ancient China.