民间法视阈下家法族规探析--以明清福建美法村陈氏家族为考察对象

An Analysis of the Family Laws and Regulations from the Perspective of the Folk Law--Taking the Chen Family of Meifa Village in Fujian Province in the Ming and Qing Dynasties as the Object of Investigation

中国传统社会的乡土性和封闭性导致在封建王朝统治下存在一套与国家法并行,且对社会秩序与社会成员起约束规范作用的民间法。明清时期,福建美法村陈氏家族通过按辈分取字起名、家族祭祀、婚嫁习俗、划分公私田地及纠纷解决机制等家法内容对陈氏家族成员进行规范调整。家法族规是民间法的具体表现,它发挥着增强家族认同感、推动跨地域与超家族的人际交往、促进乡土聚落结构稳定以及弥补政府对乡村管理薄弱等社会功能,进而维持家族秩序的稳定运行。

The locality and closure of Chinese traditional society leads to the formation of folk laws under the feudal rule that are parallel to the national law and regulate the social order and restrict members of society.During the Ming and Qing Dynasties,the Chen family of Meifa Village in Fujian Province regulates the family members by naming them by seniority,setting family sacrifice rites and marriage customs,dividing public and private fields,and establishing dispute resolution mechanisms.As a reflection of the folk law,the family laws and regulations play a role in the enhancement of the family identity,the improvement of the expansion of cross-regional and trans-family interpersonal interactions,the promotion of the stability of the rural settlement structure,the compensation for the weak social function of the management of the village by the government,and the maintenance of the stable development of the family.