民国时期的族规与国法——龙泉司法档案中的季氏修谱案研究  

The Clan Norms and the Civil Law in the Republic of China:A Case Study about Ji Genealogy from Longquan Judicial Archives

作　　者：杜正贞[1] 

机构地区：[1]浙江大学历史学系,浙江杭州310028

出　　处：《浙江大学学报（人文社会科学版）》2014年第1期21-33,共13页Journal of Zhejiang University:Humanities and Social Sciences

基　　金：香港特别行政区大学教育资助委员会卓越学科领域计划项目(第五轮)"中国社会的历史人类学研究";国家社会科学基金项目(10BZS032);浙江省哲学社会科学规划课题(09CGLS001Z)

摘　　要：1930年南京国民政府公布的民法亲属编和继承编中不再有宗祧继承的规定,使地方宗族在处理立嗣和族产继承问题时失去了法律依据。在新发现的龙泉司法档案中,围绕本地大族季氏1929年至1932年修谱前后所发生的诉讼档案,展现了宗族在近代社会、法律演变背景下的主动调适和转变。宗族没有跟随新民法放弃宗祧继承,而是一方面积极调整族规谱例,限制、规范立嗣行为;另一方面,用"民主"这种新的权力话语取代"宗法"的话语,以民主评议会这种形式为族规提供新的合法性。The Ji clan in Longquan county began to compile genealogies from the Jiaqing reign period, Qing Dynasty. The“clan norms” in the genealogies formulated the rules of li si （inheriting the identity to worship the ancestors）. According to these norms, one person must get the identity of si zi first and then he had the right to inherit the clan property. By determining the identity of the heir, clan delineated the clan scope and established the dan＇s economy order. These clan rules were supported by the Qing law. The Succession Part of Civil Code was enacted in 1930 and the ancestral inheriting system was abandoned. This law change impacted the clan system＇s foundation. With the new found lawsuit archives and genealogies in Zhejiang Longquan, we explored how the local clans dealt with this challenge from the law reform in the Republic of China. The Ji clan rebuilt the genealogy and amend the clan norms between 1929 to 1932, which was a positive response to the change of the civil law. Ji clan held the clan council to discuss the controversial affairs in li si and formulate the new clan norms, including the court judgments in the previous heirs disputes. For example, in a legal disputeabout li si, the court supported a child as an heir from another different surname. Regarding this dispute, the clan council had to admitted the courfs decision, but only as a special case. On the contrary, the new clan norms emphasized that adopted son with different surname cannot inherit as si zi. By emphasizing the “democratic procedures” in clan council, the compilations of the Ji clan genealogy wished to give the new clan norms more legitimacy. Overall, the new norms had kept the ancestral inheriting system and the relationship between the li si and property inheritance. “Clan norms” is regarded to the supplement of the civil law. The contradiction between them was skillfully evaded in the former. Although the clan council tried to adjust the relationship between the clan norms and the new civil law, but the cl

关 键 词：民国时期 宗祧继承 族规 国法 修谱 评议会 龙泉司法档案 诉讼 

分 类 号：D929[政治法律—法学]