中国古代“分家”行为探析

On Division of Family Property in the Ancient China

"分家"作为中国社会长期沿革的传统习惯,深刻影响着中国人的家庭观念和财产观念。析分家产使得一个大家庭分裂为在经济上互不统属的数个小家庭,家长的家庭财产管理权藉此体现。在封建制中央集权时代,"分家"的意义主要在于经济层面。正统思想的演进,构建了具有鲜明的中国法律文化特征的"分家"制度。

As a traditional custom in the long evolution of the Chinese society,division of family property has a profound impact on the concept of family and property of Chinese people.The division makes a big family split into some small economically independent families and hence parents have a final word in the family property management rights.In the age of centralized feudal system the division was significant economically and the development of orthodoxy helped construct the distinctive division system with legal and cultural Chinese characteristics.