Song Dynasty’s Property Inherited Forms Of Hujue

With the high development of the commodity economy during the Song Dynasty,the rapid development of social life and the deepening of the concept of private rights led to the development of laws regulating civil relations,especially laws related to property inheritance.This change shows the maturity of inheritance laws in the Song Dynasty.In this paper,we take the case contained in Ming Gong Shu Pan Qing Ming Ji as an example and take the inheritance of household property as an entry point to explore the legal system of inheritance in Song Dynasty.Inheritance is a form of inheritance for the property of the head of the household if there is no legal heir after the death of the head of the household.First of all,since there is no common definition of "household extinction" in the academic field,this paper tries to clarify the true meaning of the term "household extinction" from the real case of Ming Gong Shu Pan Qing Ming Ji,which refers to a family where the head of the household dies,the wife dies or remarries,there are no direct relatives and no heirs left,and no succession was established before the death of the family.Secondly,this article clarifies the issue of the subject of inheritance of the property of the household,and includes the stepchildren,the stepchildren of the family,the daughter in the family,the married daughter,the daughter in the clan,and the son-in-law in the scope of inheritance of the property of the household,while the inheritance rights of the foreign children,the surviving children,and the close relatives living together are not reflected in the Ming Gong Shu Pan Qing Ming Ji,so this article does not discuss them.In the main part of the article,the status of stepchildren and their share of inheritance in the inheritance of household property are clarified according to the distinction between stepchildren,stepchildren,married women,married women,and women who returned to the clan,and are supported by the relevant legal provisions and the real judgments of the Qingming Collection.Thirdly,through the analysis of the shares of property inherited by stepchildren and daughters with different identities,we summarize the contradictions between the precedent of establishing and ordering stepchildren and the precedent of having stepchildren and daughters together.Fourthly,we analyze the 41 cases in the Ming Gong Shu Pan Qing Ming Ji and the "Household Marriage Gate" and analyze the characteristics of the changes in the property inheritance system in the Song Dynasty and the social reasons for such changes in light of a series of social factors such as the rapid development of the commodity economy in the Song Dynasty.Fifthly,we will provide experience and methods to solve the real-life problems by taking into account the current situation of "household extinction" where the head of the household dies without an heir.