论清代的继子孙责任——以顺天府宝坻县刑房档为线索

The Obligations of an Adoptee in the Qing Dynasty:in Perspective of Criminal Case Files in Baodi County,Shuntian Province

从宝坻县衙档案中的继书和案件看,清代继子孙对家庭的责任包括两大类:一类是对已故尊直系亲属的,一类是对在世家属的。前者包括主持已故亲属的丧葬和祭祀仪式,后者包括对尊亲属的赡养。通过个案分析发现,家业传承与"父债子还"是相联系的,承继是指整个家庭的所有内容向下辈移交;因此,继父母考察继子孙能否承继,不是就事论事,而是综合地考察继子孙的行为。只要继子孙有影响家业承继的不良行为,就可能导致废继,由此,我们认为,清代子孙的这些责任是综合的、整体的。

Judging from the adoption agreements and case records kept in Baodi County, the obligations of an adoptee to his family in the Qing dynasty can be classified in two categories： one is to his deceased lineal relatives and the other is to surviving family members. The former includes presiding over funerals and fetes for the deceased and the latter is to support lineal ascendants. By analyzing specific cases, one can find that inheritance is concerned with the notion that a ＂father＇s debts be paid off by his son. ＂ Here, inheritance means passing all family issues with properties down to the younger generation. Thus, adoption is not considered separately. Rather, the adoptee＇ s conducts will be examined carefully. Once any misconduct is discovered that may have an adverse effect on inheritance, adoption will be cancelled. Based on this analysis, one can say that the obligations of an adoptee in the Qing Dynasty are comprehensive and integral.