汉代继承问题刍议

An Analysis of the Han Dynasty 's Inheritance Rules

汉代身份继承一般是在被继承人生前置后或立嗣子。后可以是直系,也可以是旁系;既可以是卑幼,也可以是尊。汉代身份继承是在先秦时期"立子"与"立弟"两种继承方式中进行选择的结果,以"立子"为主,以"立弟"为补充,并逐渐过渡到唐宋法律中严格的"立嫡立长"的规定。在财产继承方面,准确地讲应该是分家析产,随着宗法大家庭的解体,嫡长继承制面临挑战,诸子均分制尚未建立。

As to the Han Dynasty＇s inheritance rides, in general, the academic circles think that nobleman status inher-itance system means that only the lawful wife＇s eldest son has the right to inherit nobleman status, but property inheritanceis different, that is, sharing possessions among all the sons. This article has put forward a new theory on the basis of stud- ying historical documents and bamboo books excavated from the earth. First, before the decedent＇s death, he would decide who could be the patriarch and inherit his status and possessions, and the patriarch could be lineal or collateral, and hecould be the younger or the elder. The inheritance followed in the Han Dynasty is compromised of two methods ： making the eldest son be the inheritor and the younger brother be the inheritor in the Pre - Qin times. To make the eldest son be the in- heritor gives priority to making the younger brother be the successor, the latter is only a complement to the system. Gradu-ally, to make the lawful wife＇s eldest son be the inheritor becomes a strict regulation in the Tang and Song Dynasty＇s laws. Second, exactly speaking, property inheritance was the division of the possessions in a large household. With the disinte- gration of the patriarchal family, the first system faced serious challenges, but the other system sharing possessions among the sons had not been established.