析中国古代家族法

Analysis on Family Law in Ancient China

家族法是中国古代法制中的一个独特现象,有其产生的特殊背景。我国古代家族法与国家法并存,形成一种二元结构。古代中国家族法作为国家法的补充,发挥了重要的作用,在今天看来,仍然有一定可取之处。但是,它毕竟是古代奴隶制、封建制的产物,也有其内在的不足。

Family law is a unique phenomenon in ancient Chinese law system, which has its background of appearance. Family law and state law coexisted to form a dual structure. As an added form of law to the state law, family law played an important role, and there are certain merits in it even today. However, as the product of ancient slavery and feudal system, it has defects, too.