略论“兼祧”制度

Comment on Legal System of Jiantiao

解决独子出继使得自家绝后这个问题的实际需要以及在特殊条件下民间对兼祧特例的模仿使得兼祧制度应运而生。兼祧制度的形成经历了一个从皇室和军队特例到民间习惯再到国家正式制度的发展历程。兼祧制度之中有三个重要的亲属关系,即兼祧子与本生父母关系,兼祧子与兼祧父母之间的关系,兼祧子后娶之妇的法律地位。后来,随着社会的发展,国家废除了兼祧制度,但是,之后它仍旧在很长一段时间里存在于民间习惯之中并为国家法律所默认。

In order to solve the problem that when the only son succeeds other people, his own family may have no people to succeed, and the imitation of Jiantiao in the nation, result in the legal system of Jiantiao. This legal system first appeared as an un - normal example in the royalty and army, then as a custom in the country, and become a legal system in the end. There are three important kindred in this legal system ： the relationship between the son of Jiantiao and his parents, the relationship between the son of Jiantiao and the parents of Jiantiao, the last wife＇s legal status. Later, as the development of the socioty, Jiantiao was abolished, but this system just had beew kept in the country for a long time after it was abolished.