中日传统“家”的形成原理与封建家族法的差异

On the Formation of Traditional Family andDifferences of the Feudal Family Laws in China and Japan

日本近代以前的传统法律是在模仿中国的律令的基础上制定的,但在家族法的亲属、婚姻、收养和继承方面却与中国传统的法律有很大不同,究其原因是传统“家”的形成原理不同所致。中国传统“家”的形成遵循以父系自然血缘为纽带的结合原理,而日本传统的“家”的形成遵循血缘、模拟血缘的结合原理。

In the pre- modern era of Japan, the traditional laws were founded on the imitation of the feudal Chinese legal codes. But they were different from the traditional Chinese laws in such aspects of the clan law as relatives, marriage, adoption and inheritance. The differences arose from different principles for forming traditional families in the two countries. The traditional Chinese ' family' was based on natural paternal blood relationships, while the traditional Japanese ' family' was formed in line with the principle of combining blood relationships and virtual blood relationship.