| This article mainly studies the present situation of seting up heirs as the basis of "The Pledge ofMeng Shui Zhai" (《盟水斋存牍》)in the Ming Dynasty later period in Guangdong area. "The Pledge of Meng Shui Zhai" was wrote by Junyan Yan in the end of the Ming dynasty. The Ming Dynasty history not passed on Junyan Yan. Guang Xu "Tong Xiang County annals" (《桐乡县志》) the volume 15 "Government official Twists Biography" (《宦绩传》) recorded. He was successful candidated in the highest imperial examinations in The Chong Zhen Wu Chen(戊辰)Year, and Held an orifice in Guangzhou. "The Pledge of Meng Shui Zhai" was the language and the male slip of wood special collection which was the author Held the office in Guangzhou. Chinese Politics and law University Chinese Politics and Law University Publishing House published this school ancient book in 2002 to reorganize the punctuation this.The entire book divides into two parts, and each part Contains "Yan Lue"(谳略) 10 volumes. The book Collects 1409 court documents, and altogether some 100, 000 characters. The content involves to the criminal activity, civil, the administration and procedural law. It is the Important historical data of understanding the Ming Dynasty legal system and the implementation condition extremely precious. The Ming Dynasty last years Guangzhou economy was developed, common people's life was wealthy, and appeared the rich rural gentry social stratum. In the court documents of "The Pledge of Meng Shui Zhai", there are approximately 30 cases which involves set up heirs. Penetrates these cases, we will be possible to understand adopting heirs present situation in the Ming Dynasty later period in Guangzhou area.The predecessor about adopting heirs researched to be long-standing, and has obtained the more plentiful research results, such as "Search the adopting heirs System in Song Dynasty" (Zhixing Lv, 2001), "Discusses the Qing Dynasty To adopt heirs In Inheritance Property Factor" (Kuanqing Lv, 2006), "Adopting heirs with Will Inheritance in Song Dynasty" (Xihou Li, 2003), "Folk Adopts an heir CustomAnd Women's life in Song Dynasty" (Jian Zang, 2004) and so on. In addition, there is an book which Elaborates adopting heirs specially in. "the question law and the referee of adopting heirs at the beginning of Republic of China: Take the Dali Court civil referee as the center (1912-1927)" (Jingyi Lu, 2004). But utilized the case of "The Pledge of Meng Shui Zhai" to conduct the research. It is not to be many. Only then one is "The Pledge of Meng Shui Zhai' And Reflection Latter Ming Dynasty Inheritance System" (Weirong Cheng, in 2005). This article through to "The Pledge of Meng Shui Zhai" the related inheritance case analysis, describes the succession to the headship of a house and the property inherits and so on in the later period in Ming Dynasty. Mainly studies the inheritance system in the later period in Ming Dynasty. In the article the system description related to adopting heirs is to be broad, and still had the thorough research necessity.The author believed that, the system of adopting heirs is the special feature in the system of inherits. It had special contribution in the ancient times patriarchal system. At this point, although adopting heirs as a system already does not exist, but continuously followed actually down in some areas as the custom. Therefore the special study about the adopting heirs system has the necessity very much. This article will be on the basis of the adopting heirs case in the "The Pledge of Meng Shui Zhai", and study the present situation in the later period of Ming Dynasty in Guangdong area using the case analysis method. Meanwhile using the quantitative analysis method analyzes an heir family's property assignment situation which reflects from adopting heirs cases, also use the comparison research method when summarized the adopting heirs present situation characteristic in the later period of Ming Dynasty.This article altogether divides into four parts. The first part is to outline the system of adopting heirs. First, elaborated the reason of the system of adopting heirs. Namely the Chinese's worship to the ancestor, the Confucianism filial piety, take family blood relationship as link patriarchal system as well as family property transmission. Adopting heirs refers to one men who had not a son adopted other people' son as his own son. This son inherited the right of sacrificial offering ancest and the family property. It was a special system in the system of inherits. The Chinese worships the ancestor. The people believed that when the human died, the soul not to extinguish, the ghosts and gods want the blood food, which the descendants should every year Sacrificially offer ancestors by giving ancestors the food, clothes and the wealth(sacrificial paper money). Otherwise, the ancestor will be hunger and cold in the netherworld. But the daughter cannot offer, therefore each grown-up man all needed have a son to come the sacrificial offering after he died. Says from the not filial had three, and no children is the big way. Therefore, gives birth to the masculine descendant to become one of filial piety primary coverage. Not having son was not greatly filial to the ancestor. Furthermore, under the clan law system, the family standard idea was grave. The son wanted to inherit father's sacrificial offering and the family property in family ancestor. If not have a son to cause, the household certainly will all cut off in family's sacrificial offering and the family property. If a family did not have the son to receive, ancestor's sacrificial offering and the family property would cut off. Through setting up an heir as a son, continued the blood vessels of the family. setting up heirs all had the vital significance regarding the ancestor sacrificial offering and the family property inheritance. Therefore, in the long feudal society, setting up heirs gradually become the standard by the custom, and had the explicit stipulation in the state law. Finally it formed complete system. Second, induct types of adopting heirs.The second part analyzes the adopting heirs rule though the cases of "The Pledge of Meng Shui Zhai" which reflected the later period in Ming Dynasty in Guangdong area. First, analyzes the inspection adopted son candidate's scope, in the case which "The Pledge of Meng Shui Zha" may see. At that time the adopted son candidate had to be of the same clan and the illustrious solemn quite person. And could not set up a son from a different blood relationship. Must follow the blood relationship or stranger relations to choose. Next, analyzes the power in adopting heirs. The main body of adopting heirs was generally manages by this clansman. Other sumame did not have the right to inquire. The widow had limitedly right to set up the adopting son. Once more, analyzed the basic principle which in adopting a son needed to follow.The third part analyzes the reason which the case occurred in setting heirs. In the article, it has enumerated 32 cases with the form which in the court documents related adopting heirs. Analyzes the occurrence reason using the quantitative analysis method which adopting heirs disputed. First, struggles were produced by disputing property. Final goal of the straggles lied in the straggle wealth. Some 16 cases are directly because of capture. Occupies counts the case which the property occurs 50%. The stragglers were the adopted son, the daughter or the son-in-law, the adopted son, brothers of as well as the person generally of the same clan. In the article, analyzes the adopted heirs family member's property right in inheritance division through the tabulation statistical analysis. Second, some case produced because of the correlation matters about adopting heirs. The concrete reason was selected the adopted son by violated the rule. 2nd, Two adopted sons simultaneously inherited a human, and would be easy to have the dispute. 3rd, change the adopted son. May see from the case, if the adopted son was not filial, the parents may request through the head of the clan or the government authorities to change, and then selected another. 4th, the favorite relative adopted as heir by a childless couple has the dispute to have the lawsuit.The last part, analyzes the characteristic of adopting heirs in the later period of Ming Dynasty in Guangdong area. To analyze the present situation presents, the main establishment is on the foundation which compares with Song Dynasty. Its characteristic has four. First, it is not the strict area about separation continues(立继) and the life continues(命继). The ancestor set up, the husband before death perishes the widow to set up, to pass the race male to lift set up the adopted son, certainly did not have difference. Second, brings up son(养子) could not be adopted as an heir. Third, did not have the situation which drew lots to adopt an heir. Through the statistical case and the court documents does not find the situation of setting up the adopted son from drawing lots. Might sneak a peek at that time, drawing lots to adopt an heir was very little appear. Guangdong social economy is developed in the later period of Ming Dynasty. The common people were wealthy, and formed the rich rural gentry. Because the family property was rich, the struggle continues the phenomenon to be common, and had the size ancestral hall developed, holds massively offers a sacrifice to the field (steams tastes field) the characteristic. Through above four parts of elaboration and the analysis, makes us to understand the Chinese adopting heirs root well. Know the present situation of adopting heirs in the later period of Ming Dynasty in Guangdong area. This will helps us to study the carry-over to the adopting heirs custom well. |
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