Ming And Qing Dynasties Clan Method

The researches on the clan law have the very important meaning in the sociology ,the politics, the history, the legal history, etc. But currently there are two shortages in the researches concerning the clan law of the legal history. The first hand is that researches over-emphasize the relation between the clan and the politics, its political function and supporting the governance of the fedual system. But they neglect the independent law function of the clan law; The second hand is that the researches on clan law mostly stay around the system level of the clan law. They can not investigate the movement of the clan law in the real life. The aim of this paper is to solve the above problems and to gain some benefits for the construction of today's law.The essay is divided four parts, consisting of 35,000 words: Part Ⅰ: The defination of the clan ,the difference between the clan and the household, and the history course of the clan.The author think that the five systems become the important boundary between the concepts of the clan and the concepts of the household. The pateral blood relation community of the same first ancestor within the five a life times is belonged to the household category. The pateral blood relation community of the same first ancestor out of the five a life is belonged to the clan category .As a result, the concept of the clan is bigger than the concept of the household. At the same time , the author makes the detailed introduction on the history course of the clan. The author analyses the clan's the rise and the fall, success or failure in each period from the political angle, economical angle ,etc. Then the author points out that the clan law is of very long times in the Chinese history. The clan law is of profound influence on the Chinese nation.Part Ⅱ: The author makes a detailed investigation into the clan law's adjustment of internal relation in the Ming and Qing dynasty. The author enumerates the clan law's provision of system about the internal marriage and inherit relationship. The author tries best to reflect the entire content of...