秦简所见“同居”辨析

Discussion about Cohabitation on the Bamboo Slips of Qin Dynasty

秦代的“同居”是一种法律户籍概念,仅指拥有同一户籍且长期共同居处的家庭。同居者彼此可以拥有个人私产,并且能自由支配自己的私产,“同居”与财产之间不存在联系。拥有继承权且居于一处的兄弟及兄弟之子称之为“同居数”,父母妻子非同居数,同居与同居数是两种不同的概念。

Cohabitation in Qin Dynasty is a concept of legal household registration.It only refereed to families that had the same household registration and live together for a long time.Cohabitants may have private property of their own with each other,and use their own property freely.There is no any connection between cohabitation and property.Brothers and sons of those brothers who inherit and live together were called“cohabitation Numbers.”Parents,wives and their children were not cohabitation Numbers.Cohabitation and cohabitation number were different concepts.