明代徽州民间财产继承方式和国家继承法的冲突与整合

Confliction and Integration Between Folk Manners of Property Inheritable and Country Law about Inheritance in Huizhou of Ming Dynasty

继承制度由唐朝形成律法规范,至明弘治以后,该制度发生了极大的演变。具体到明代的徽州,可窥其一斑。继承方式的多样性、复杂性,是传统观念变迁与商品经济共同作用的结果。针对部分与国家继承法相冲突的继承方式,明政府在民间实行里老制、宗族乡约化等整合措施,在一定时期内对地方基层社会的稳定和伦理建构起了重要作用,却无法从根本上解决民间继承方式与继承法不一致的矛盾。

Since the Tang Dynasty made it into a law, the inheritance system had found itself evolved a great deal over time when you came back to see it in Ming Koji year. It was typically reflected in the Huizhou City of the Ming Dynasty. The diversity, complexity of the system is jointly resulted from changing in traditional conception and appearing of commodity economy. At that time, to solve the problem of clash of laws and conventional ways in inheritance issues, the government of the Ming Dynasty took some merger measurers such as village old system, family conventions. Fortunately, the measures played an important role in maintaining the stability of the local society and building the value system for a certain period. However, it did not fundamentally deal with the contradiction of folk conventions and government laws in this issue.