清代“独子兼祧”研究

The System of Single-heir Dual Inheritance in Qing Dynasty

"独子兼祧"是中国传统宗祧制度的一个重要创新。在清代,"兼祧"作为一种民间立嗣方式,最终通过法律形式确定下来,经过了一个自下而上、再自上而下的复杂过程。本文旨在运用判牍文书等原始史料,以政治史与社会史相结合的研究方法,讨论"独子兼祧"与其前身"独子出继"在社会生活中的存在形态,国家法律的跟进变化,及其所反映出的清代立法、司法与社会生活三者之间的互动关系。

The dual inheritance system, whereby the only son of the family was appointed heir to his uncle as well as his own father, was an important innovation of the traditional Chinese inheritance system in Qing Dynasty. However, as a new inheritance system first adopted in folk practice but banned by juridical practice, its advent, evolution and development was not limited by mere legal provision. Examining original historical materials such as judgments and court documents, this article discusses the existing form of dual inheritance and its precursor, the adopted inheritance system, whereby the only son of the family was appointed heir to his uncle, in social life since Song Dynasty as well as the legal reactions to the process of change. The article also explores the interaction among the legislation, juridical practice and social life in Qing Dynasty through this issue.