On The Statutory Equalization Inheirted-of-family Property In Tang And Song-Dynasty

In ancient China society of tang and song dynasty is developed period, correspondingly, the inheritingsystem also better and better..Another property inheritance is China feudal society the most basicprinciples of inheritance, it is introduced to the tang dynasty law, song attacks don system, legal dividemore mature inherited property system, in the status of the succession is more robust. This paper tries toanalyze tang and song dynasties, the legal system of another house inherited, and sums up thecharacteristics of the system and profound influence on, hope to draw some enlightenment for theconstruction of a harmonious society today we provide some useful referenceThis paper is divided into four parts.Firstly, this paper introduces the way another inheritance of property forming process and the way ofaverage analysis is produced. The average school mainly analysis is produced in the traditional wayinherited house dry finalize the design in the warring states period, the theoretical origin of Confucianthoughts on average. At Shang and Zhou period, system of implementation was packeted, propertyinheritance is attached to the throne from one of the aristocracy and inherit the title; And social somelower-level civilians without applying Confucian title, property is the only to their children, This time theproperty is pure arbitrary division of, only in this time period and sparsely populated, relative to the laborforce for, land in the secondary status. With the relaxation of patriarchal system, a large number of civiliansfrom patriarchal callings the tyranny of, Become independent account of individual small-scale peasant,and property inheritance on the situation was the only big before she replaced average distribution, Handynasty to another property has been universally implemented, the tang dynasty to be customized. Theaverage school in tang chromatography way including many times in sexual chromatography bearinghouseholds and a post-mortem way in door way bearing. Many times in door way bearing sexchromatography is to point to parents in the days of sons as marry and have treated analysis is produced,but each son the number of house share a little less than its share of the average, to parents old or died,then the last time tell. In this way, the average family housing for the number of times is the son’s numbersgo to another.In this way after Qin dynasty until Shang Yang’s innovation is the prevailing, Pay attention to the Han dynasty filial piety, and limits of the many times practice of this way tomographic points.One-time analysis is produced and bearing the way is to point to parents in the days of wealth in all notdifferent, wait for after parents died, brothers one-time distinguish property. This way is in the Confucianfilial piety of the concept of the adults under the sponsorship of generation, In The tang and The song thisway is the social principal.Secondly, this paper explores the legal property and parent-child egalitarian inheritance liveinvestigation. It mainly includes two aspects: First, this paper introduces the parents of Tang and Songdynasty legal inherited property, the scope of the parent’s includes as long as the parents admit young,regardless of the office by slaves, the youngest, men and women, and honor the posthumous and bastard,and they all have inherited the family qualification, but another object only male heir. The second isinheritance in based on the investigation of the social through specific practical cases to explore the creatorof Tang and Song dynasty social parent-child inheritance judicial protection. This paper based on specificaround concubine son occurring inheritance dispute around the house, not the inheritance dispute andposthumous occurred around family inheritance dispute investigation, and then we draw the conclusion:Legal property of Tang and Song society divided parent-child inheritance rights in most cases still can getvery good protection.Next, this paper introduces the adopted son of the inheritance in Tang and song dynasties, Firstintroduces the adopted son of the appointed range, in the absence of the parent-child family, generallyadopted son to do his duty, following the vertical portal, the adopted son of inheritance is equivalent to theparent-child; In both the parent-child and the adopted son of the family, the adopted son and parent-childdivide the family fortune. To the Southern Song Dynasty, if the adopted son is set by close relatives of theelders, he only assumes the following vertical portal obligations, then called life afterwards, and only up toinherited the family estate in1/3, It’s not belong to this paper mainly discussed the objects; Both theadopted son and the son-in-law’s in the family, the adopted son and son-in-law divide the family fortune.. Ifthe adopted son not to filial piety parents, who inherited the obligation of the adoptive parents family’sportal, will be also lose inheritance. In the inspection of the adopted son again based on inheritance ofproperty inheritance disputes through adopted son live to understanding at that time, the investigation of thejudicial operations with the adopted son right protection. The paper through the vertical stepson and parent-child occurs between the inheritance dispute between, different surnames occur between inheritancedisputes, the adopted son and son-in-law occurs between the inheritance dispute as well as the heir of thedisinherited in four aspects.Last, this paper is on the legal property of Tang and Song dynasty legal property characteristics andthe influence of the summary. The legal estate egalitarian inheritance is patriarchal etiquette as the premiseand the foundation of sharing, The legal estate egalitarian inheritance is patriarchal etiquette as the premiseand the foundation of the share At the averaging process, reflects the protection of small features, can besaid to be "limited share", and not blindly will all in math concepts on the property absolutely average.Divide the inheritance in average property, Philosophers are lying on the grandfather handed down in thefamily continued among the analysis, generation after generation, China’s society appeared the "wealthwithout three generation" proverbs and portraiture. small-scale peasant in china society is main body,China’s social wealth does not like Western Europe, Japan and other countries that the accumulation of on alarge scale, and the way of average analysis is produced on the China’s social historical process. In theblood affection the centripetal force and property interests have produced both centrifugal force, makingthe family relationship is constantly tendency and maintains the balance. Furthermore, their averageanalysis of production mode in objectively also fueled the ideological inert, killing our Chinese ofinnovation consciousness.