清水江流域苗族家庭财产继承原则分析——以清水江契约文书为例

Analysis on Inheritance Principle of the Family Property with Hmong Nationality in the Qingshui River Basin: a Case Study of Qingshuijiang Contract Document

清水江流域的苗族家庭虽保留几代人同居共财的大家族制,但其内部由众多的核心家庭组成。家族的延续往往是通过核心家庭通过代际不断分家析产而繁衍生息的,其财产继承原则不仅关乎继承人的经济利益,更关乎家庭的延续和家族的发展。财产继承原则秉持着男性直系血缘下诸子均分,并根据被继承人有无直系血缘等不同的情况衍生出差异的分配方式;与此同时,女性也参与财产分配之中,但不具备财产的终身占有权。家族内部不同的财产继承原则体现着家族成员内部身份的差异,也是家族延续的保障。

Although the Hmong Nationality family in the Qingshui River basin retain a few generations live together that concurrent ownership the wealth,however,there are many core family inner.The continuation of the family is achieved by the split of core family and its property,the inheritance principle of the family property not only in relation to the economic interests of heirs,but also the continuation of the family.The inheritance of family property has always been the average distribution of male heirs,and different distribution forms are derived according to different conditions;at the same time,women are involved in the distribution of property,but do not have tenure of property.The different property inheritance principle in the family embodies the difference identity between the family members,whicht ensure the continuation of the family.