唐代亲属代诉现象考论

The research on the phenomenon of proceedings replaced by relative in the Tang Dynasty

为了进一步探讨唐代亲属代诉现象的原因与特征,通过文献解析的方法,认为传统宗法亲伦观念是封建时代各类行为规则和制度规范的思想根源,亲属代诉现象则正是儒家"宗族一体"理念在唐代诉讼领域的具体彰显。亲属代诉现象不但是唐律礼法融合的重要体现,更从法制运行角度诠释了宗法思想对唐人诉讼观念的现实影响。

In order to further explore the phenomenon of the Tang family members who served as legal representatives, through the literature analysis, it is believed that the traditional feudal patriarchal ethic is a kind of rules of conduct and institutional norms of the ideological roots. Family litigation is the whole idea of the Confucian family proceedings in the Tang Dynasty, a concrete manifestation of the field. Relatives litigation is not only a relative phenomenon and the legal integration of Confucian important manifestation, but also from a legal point of view explains the patriarchal thinking of running to the Chinese concept of the real impact of the proceedings.