In Huizhou In Ming And Qing Dynasties

Mengzi has said:"the base of state is family", that is to say, in Chinese ancientsociety, the foundation of the nation and the basic cell of the social structure is allkinds of clans. The proper of a clan can directly influence the nation's administrativeeffect. What is a "clan"? "Clan" is a kind of social organization, in which, the samemale ancestors' descendants, who live in a compact community for generations, taketies of blood as the link, eography as the base and property as the guarantee." It canalso be called a "patriarchal clan". The self-sufixcient small-scale peasant economy,which takes family as the productive subject, has promoted the form of clan, whichhas employed the blood tied as the link and burdened functions of propagating,producing, socialization. It's basic acting field of the public.Chinese ancient society possessed political system of highly concentration ofauthority. Pulsing obstacle of mountains and rivers, back of communication andtraffic, the government had not so much cost and also couldn't make its power reachto the root class. Prefecture and county is the end the imperial power of authoritycould get to. The rural area could only give the power to the person trained in certainfields and the gentry to administrate. So, in order to protect the dynasty, the dominionhad to protect its base-clan at first as well as get theirs' pledging loyalty. To respond tothe regime, the national law also can't reach the rural area. So, "family and clan lave'is the private law that the nation endowed the chief "quasi-legislation"and "quasi.jurisdiction", let the clan conduct limited self-administration and the chief interveneand control the members' life, as well as protected the clan's right.Though from the end of the Spring and Autumn Tunes, there was the enacting ofthe statute law, in fact, the root class could touch the national law little. They werescared of the national law and tried their best to escape from it. To the most, theycould know a little from several famous cases. Mostly, the family and clan law was thecriteria of conduct, which were the nearest distance and deepest permeating to thefolk and the clan was the socialorganization that they could attach to.Ming&Qing dynasty was the time that the family and clan law was prosperousdeveloping. During this time, the clan law's content and form was tendency to bemature and had get the official support and become the typical time. The paper takesthe family and clan law of Ming&Qing dynasty in HuiZhou as the object of study and has analyzed the family and clan law of Ming&Qing dynasty in HuiZhou, from which,I sum up the family and clan law: 1.it is code of ethics;2.it'scontent is wind-ranging;3.public good and environmental protection is important content;4.it is important topersuade and not to punish. From which,I get the conclusion: During Ming&Qingdynasty in HuiZhou, the family and clan law is very important to protected the feudalorder and promote economic prosperity to guarantee the whole clan flourishing.