Identity And Property

Based on a study of national laws, clan regulations, judicial files and folk customs of Qing Dynasty, this article sets to explore the inheritance law system and its operative mechanism as well as the subjective psychology and value attitude of involved parties in related inheritance disputes. All the above embodys the context of Qing Dynasty' s inheritance culture. According to the above study, the author tries to reappear the real picture of the inheritance culture and reveal the complexity between status and property in Chinese tradition-al society, thus enlighten the inheritance culture with modern ideas. This paper consists of five chapters: Chapter one is the: "preface" . A concise review about the previous academic tradition is introduced and a brief comment is made on this study' s construction, main train of thought , material resources and historical evolution of inheritance law system. A method combining the attention to the expression and practice of the Qing Dynasty is adopted, and a brief account of the academic and realistic meaning of the research as well as the origin of the topic of t h e paper is introduced. Chapter two is about the: "status inheritance " . This a r t i c l e holds the idea that in t h e Qing Dynast \' s inheritance law system there still remains the u n i t , of stains and property inheritance custom, w h i l e the si i t u s inheritance kind consists of the "juezhi" inheritance (inherit by rank)and "zhongyao" inheritance (inherit by race and blood). This part briefly comments on the "juezhi" inheritance but stresses on the "zhongyao" inheritance which is more closely connected to the ordinary people. By illustrating the "zhongyao" inheritance, this part reveals its function in Qing Dynasty and inspects from a side angel the characteristics of this Dynasty' s society as a clan one, which is believed to effect Chinese modern society. The confliction between the idea expression and concept alivenation reveals again that all theories is useless without a practical base. Chapter three is about the: "property inheritance" . Based on the inspect of the family living tradition in Qing Dynasty where family members live together and share the property, this article: discriminates the similarity and difference between the custom of family property dividing and inheritance; reveals the fundamental legal principles which define father and son, husband and wife, brothers as alternative unity in family property inheriting. Chapter four is about the: "current judicial practice" . Some representative cases on inheritance are chosen for the purpose of analyzing the operative mechanism of Qing Dynasty. It is revealed that there is a type of difference of tension between involved parties in different levels and the the crucial function ol' wealth in such inheritance disputes, which illustrates a d i v e r s i t y on law and benefit in Qing Dynasty. A pragmatic a t t itude is adopted bv t h e officials in legislation, which reveals a special thought on judicial deduction. Besides, t h e chosen cases also reflect t h a t the considorai i < > n onproperty has always been the crucial factor in zhongyao inheritance and property inheritance. Chapter five is the: "supplementary discussion: the complexity between status and property" . Considering the above analysis on the practice of the inheritance law system in Qing Dynasty, the author concludes some thoughts which are far above simple conclusion. The author holds the idea that in the synchronic inheritance disputes, the factors of status and property wave according to chosen situation and the entangle of them reveals itself in the diversity of family people' s status, which analyses the effect of inheritance custom where the family property is equally divided by sons; inquires into the informal at-will inheritance pattern, the inheritance right of the irregular male family members and the method of property dividing in family without offsprings. This part also creatively studies the problem about the inheritance right of female family members, whi...