清代嗣子与义子的刑事法律地位

The Criminal Legal Status of Heir and Adopted Son in Qing Dynasty

家族与阶级是中国传统法律的基本精神与主要特征。传统社会中,个体的法律地位因其家族、阶级身份的不同而存在巨大差异;而传统的家族成员,除了血缘性的亲生子女外,还存在非血缘性的嗣子与义子、赘婿、妾、接脚夫等。嗣子与义子的身份具有"双重性":与亲生父母的血缘关系,与嗣父母、义父母的宗法关系、恩养关系,这种身份的双重性使传统以服制身份为中心的律典适用更加复杂化。

Family and class is the basic spirit and main features of Chinese traditional law.In traditional society,the legal status of each individual has wide difference because of the different status of family and class.For traditional family members,besides natural children in biology,there still exist non-biological heir and adopted son,a son-in-law who lives in his wife＇s family,concubin e,＂ JiejiaoFu＂（the man who marries a widow and lives in her family） and so on.The status of heir and adopted son has duality,on the one hand, for his birth parents,he is their natural son in biology;on the other side, for his step father or adoptive father,he is their patriarchal clan systematic son or he owes them a debt of gratitude.In total,this duality makes the application of Law which regards conforming to system and status as core more complex.