清后期黔东南苗族家庭遗产分割原则探析——以《清水江文书》为中心的考察

On the Principle of Family Heritage Division of Miao Ethnic Group in Southeast Guizhou in the Late Qing Dynasty--An Investigation Centered on the Qingshuijiang Documents

清后期黔东南苗族家庭财产继承遵循兄弟均分的基本原则,叔侄、父子之间的财产析分亦执行此原则。此外,遗产分割涉及姑、甥时,舅权也会参与其中,并起到见证、凭中的作用;长子在"诸子均分"后亦享有继承"承宗田"、"养老田"等宗族遗产的权益;未成年女性的养育或孀妇的养赡,会在遗产分割中给予适当考虑,均是在"均分"原则基础上的补充或变通。这些在《清水江文书》中的分关文书中均有显著体现。

In the late Qing dynasty,the inheritance of Miao people property in southeast Guizhou followed the basic principle of equal distribution of brothers,and the division of property between uncle and nephew and father and son also followed this principle.In addition,when the division of heritage involved aunt and nephew,uncle's right will also participated in it and played a role of witness;The eldest son also enjoyed the rights and interests of the clan heritage such as inheriting ancestral land and pension land after the equal distribution of all sons;The raising of underage women and the maintenance of widows will be given proper consideration in the division of heritage,which were complemented or modified on the basis of the principle of equal distribution,which were obviously reflected in the Qingshuijiang documents.