宋代家庭中的共有财产纠纷

Disputes over Family Property in the Song Dynasty

同居共财为中固古代的统治者所倡导,统治者不仅以国家律令的形式对这类家庭的存在予以肯定,还从赋税的减免等物质方面对其进行扶助,宋代亦然。但由于处在中国古代社会的转型期,在商品经济得到较大发展的同时,社会风气的改变时宋人观念的变化产生了不可低估的影响:别籍异财的禁令并未收到应有的成效——家庭成员围绕着家庭共有财产展开的争夺就是典型的例子。这种纷争往往涉及到家族成员私自处分未析产业,子弟侵占父辈养老田,个人、他人盗卖、侵占家族墓祭田等诸多方面。同处理其他家庭财产纷争一样,宋代官方在处理此类纠纷时,注重保护家族共有财产,维护家长的尊严与利益。但在当时追逐经济利益的社会风气的影响下,国家法令与传统道德的约束力日渐减弱。

In ancient China,rulers promoted family living together and sharing family property not only by national laws but also through tax reduction and exemption.So was in the Song Dynasty.But,there were cases of disputes over family property among family members during that time since it was a period of social transformation in ancient Chinese society in which commodity economy was developed extensively and people's concepts were influenced by changing social morale. So,prohibition of property-partition did not work efficiently.Those disputes wore often caused by family member dispos- ing undivided property privately,sons encroaching on their father's old-age land,family member or other people robbing and selling or trenching upon family graveyard land and so on.Just like in other cases of disputes over family property, the Song authorities tried to protect family property and family head' s dignity and interest.But the power of national laws and traditional ethics waned due to the social morale of pursuing economic gains.