The Research On The Relationship Between The Family And Clan Regulations And The Enacted Law In China's Ancient Society

The traditional Chinese society is a patriarchal society linked with the kin. The family and clan regulations play the vital role in holding the patriarchal society relationship. China's family and family and clan regulations have experienced a long-term developing process, unceasing becoming more mature and complete. The contents include the sacrificial offering activity in the family, internal order, the marriage, inherit system, the property relations and so on. The emergence of family and clan regulations depends on politics,economy,culture and so on. The patriarchal system linked by blood relationship,the small-scale peasant economy with self-sufficiency, the social political structure blending a family with the nation ,the inherent disadvantage of the enacted law and the community-centralized value-orientation is the soil for the existence of the family and clan regulations.The Chinese ancient society's family and clan regulations and enacted law have differences in the criterion setting, implementation process and punishment method. To maintain the ethics in natural economy,the family and clan regulations provide the unequal rights and obligations between the noble and the humble among the clan members:the noble have the privilege of custodial education,presiding over marriage, punishing.The family and clan regulations strictly punish the offence against obedience; regulate that the marriage conditions depend on the parents and matchmakers ,the same clan members should not be married;prohibit"the transferring marriage"; provide the inheritance principle of"Ying inheritance prefer to Ai inheritance"and the inheritance system of"all sons take a part";emphasize the relative who buy property should be preferential and pay more attention to the public property's operation and accumulation. They also make great effects to the national criminal activity law, the civil law, the procedural law, and the administrative law. The Chinese ancient society's family and clan regulations has strengthened the country criminal activity legislation, suppressed the citizen lawsuit consciousness, and made contribution to safeguarding the harmonious order of the basic unit society.In despite of the vicissitude of Chinese social structure, the family and clan regulations present the tendency of dispels. However, being the important constituent in the Chinese traditional society's harmonious system, the family and clan regulations and enacted law are making great effort to maintain the harmonious idea with nature and society, which still has great significance in nowadays'constructing socialism's harmonious society.