Fading In Variation: The Clan Regulations In China Republic Times

China is a country with heavy clan tradition. The Clan and its associated problems are always the important point of penetration of which the academe research Chinese society .The research yielded a rich harvest in the twenty century , scholars were giving the clan regulations increasing attention and a series of scholarly treatises or papers were published .But the most scholars studied the clan regulations from a macro standpoint, that is to say , most scholars study the clan regulations from a nationwide or dating viewpoint, the regional research is still weak, the research attention on Republican regulations especially the eastern Hubei province have been falling off. In addition, the author think the clan regulations with the clan revival having been altered in the 1980's. The present government is seriously in need of the advantages and disadvantages of the clan, and then to apply necessary measures. Therefore, the report on clan regulation of the eastern Hubei province in China Republic times will not only help propel the depth and extent of the clan research, grasp the Chinese cultural trait, but also help acknowledge the regional differences with the process of rural legal construction, and then take on different strategies, this is the motive and meaning of the thesis.The thesis strive for reading original materials extensively on the premise of absorbing and certainty of past generations achievements, apart from newspapers,magazines in China Republic times and Hubei local chronicles, I principally make the most of the six-eight family tree of Hubei province in the Hubei Provincial Library, and some files with the clan of Hubei province in China Republic times in Hubei Provincial Archives, and some family tree in China Republic times in treatises. Under the guiding ideology of "division of one into three " in philosophy of history, I ought to describe the dynamic process of historical changes of the clans, the thesis has its setting in China Republic times, the region centers on the eastern Hubei province, and to support with a large number of original family tree in China Republic times, that is to say ,I should get to the back of the variation scene in fading historical process of the clan regulations in China Republic times of the eastern Hubei province.The thesis is a mixture of history,cultural anthropology,sociology and jurisprudence, and tries to make an tournament and synchronic positive analysis of the eastern Hubei province clan regulations in China Republic, It tries to sort out the historical situation of rural clan in China Republic, and explore the formulation and implement of these clan regulations, elaborates its main features, survey the historical function rationally, at last, expound the modern behaviors and future trend deeply with its modern variation.Thesis is divided into 6 chapters except for introduction and conclusion.The first chapter look back on the origin,occurring and historical development of the clan regulation, and introduce the course of one thousand years of the clan regulation from custom in primitive society to the written law in Tang dynasty.The second chapter sorts out the historical situation of rural clan in China Republic times, as the background of the clan regulation study. The clan system in China Republic times still maintain the form of modern system since Song and Ming dynasty, however, without great changes in the form and content, the overall trend of the clan regulations is going to the dogs because of the emerging of modern mode of production,political change,Chinese people's democratic revolution and induction of western culture and live style. But, the economical basis of clan system has never wavered, the Nationality Government of China is unwilling to destroy the clan system, and the inertia itself, the clan regulations in China republic times take on some new features of development and variation in the process of fading.The third chapter tries to dredge up the formulation and implement of these clan regulations in China Republic times from the positivist view with a wealth of historical materials. Include: the guiding thought: administration of clan by "manner",both using the "law "and "ethics",conform to the state law and democratic autonomy; the covenanter: the elders,the clan members,the literates out of the clan and specialized agent; To issue the clan regulations by the clan itself or the government; the causes of amendment: the clan situation has been changed,the significant change of the state or the social customs has changed; the punishment and prize in manage. So, we can represent the operation of the clan regulations in China Republic times.The chapter four still elaborates its main features from the housework,clan work and the affairs of state from the positivist view. The housework mainly advocate the managing ideas, the clan work mainly drill in the united ideas, and the state affairs mainly promote the loyalty to the king and country. I wish for the truth of clan regulation in eastern Hubei province in China Republic times by a wealth of historical materials.The chapter five survey the historical function rationally from five aspects: sustain the living and development of the clan ;stabilize the social situation; supplement the state law, make the clan regulations as the auxiliary instrument to the government; advertise the traditional virtue; but at the same time ,the great local concept set back the social mobility and development; the exclusive clan consciousness is good against the social harmony. I try to make a relevant evaluation. Given the clan regulations of eastern Hubei province in China republic, these clan regulations still take on many features different from past with the special history in the setting of the clan' fading ,the variation scene is reflected in the process of promulgation,amendment,actuating. These clan regulations are not only the supplement to the social order in the process of interaction between the government and locality, but also a defects to the social harmony. It seemed that the clan and clan regulations become to a"puzzle"with the clan revival in 1980s, the peasants and rural society have been taken place continuously. The research profit or social theory can not forecast the future of the clan distinctly, if we want to get to the back of the clan regulations, we should commute from literature and field using the anthropology way: taking root among the field, this is also the direction of effort of the author in the future!...