简牍所见秦汉“户人”“家长”新释——兼论秦汉国家权力对基层家庭的治理

A New Interpretation of “Huren” and “Jiazhang”in Qin and Han Dynasties Based on Bamboo Slips Materials——Also on the National Governance of the Grassroots Family in Qin and Han Dynasties

简牍所见秦汉“户人”是国家授予田宅、爵位的法律主体,也是户下私奴婢的所有者,官方可通过“户人”管理基层家庭。简牍诏令所见“家长”并非传统的“尊长”,而是一种狭义的法定身份。“家长”需要承担向官方申报、审查相关租税的义务,并承担连带责任。“户人”与“家长”均是国家治理基层家庭过程中,利用行政手段赋予家户管理者的法定称谓。无论是刚性的“分异令”政策,还是柔性的“名田宅”制,都共同促使基层社会形成小家庭模式,也使得“家长”与“户人”趋于统一。

As seen in bamboo slips, during Qin and Han dynasties, “Huren” was the legal subject of land, house and title of nobility, as well as the owner of private slaves listed in the household register. Through “Huren”, the official authorities could manage the grass-roots families. Meanwhile, in legal edicts, “Jiazhang”was also a specifically legal identity, which was different from the traditional meaning of this word such as “patriarch”. “Jiazhang” needed to undertook the due obligations of declaring and scrutinizing household taxes to the government, and was jointly and severally liable. Both “Huren” and “Jiazhang” were the legal titles given by the government to the managers of households during the process of national governance of the grassroots family. Whether the compulsory policy “Divided Household(Fenyi Ling)” or the flexibility system of“Granting Homestead(Ming Tianzhai Zhi)”, have contributed to the formation of the small families mode in the grass-roots level, which have also led to the convergence of “Huren” and “Jiazhang”.