试论中国古代家庭及其法律制度

Analysis on Chinese Ancient Family and Its Legal System

在中国古代社会里,"家"乃是根据一定的伦理规则组织起来的小社会,在家庭内部的秩序必须遵循"尊卑有序,长幼有别"的原则。中国古代家与家族或户的概念是有一定区别的,家庭内部成员之间有家长权、财产权等权利分配,从而产生了复仇、容隐、同居共产等家庭法律制度。

In Chinese ancient society,＂home＂was a small community which was organized according to certain ethical rules. Family members must obey the principle of ＂pecking order according to social status and age＂. The concepts of home,family,and household in ancient China are certain distinct. Among the family members,the eleder have the parent rights and property rights,thus,resulting in revenge,toleration and concealment,cohabitation with common property and other family legal system.