清代的立继规则与州县审理——以宝坻县刑房档为线索

Rules of Adopting an Inheritor and County Trial in the Qing Dynasty——The Criminal Archives in Count Baodi as a Clue

宝坻县档中的争继案件反映出,民间立继和县衙审理都遵循着"长房次子"、"立继人拨产给亲支近房"等规则。这些规则在国法中没有,但已经是民间和州县官吏的共识。另外,葬祭仪式规定着哪些人有资格入继和入继应有哪些程序性的行为,因此,葬祭仪式本身就是一种重要的立继规则。从立继事件及其县衙审理来看,清代州县审理并不仅仅依靠国法,而且是围绕着规则作出裁决,而"情理"则往往是规则的笼统表述。

The dispute in the cases of adopting an inheritor in the archives of Baodi reflects that both adoption in folklore and county Yamun trial follow the rules which can be generalized as second son of the eldest son and the adopter should assign family property to nearer sons： Those rules can not be found in statutes, but are accepted by civilians and magistrates universally. Besides, the ceremony of funeral and fete should be esteemed as the is an importan county trial in general word. qualifications of an adoptee and procedures of making an inheritor. Thus, the ceremony in itself t rule of adopting. According to the event of adoption and county trial, we can conclude that the Qing Dynasty follows not only statutory but also folk rules, and the term of reason＇ is often a general word.