Font Size: a A A

Song Dynasty's Property Inheritance Systems Of Unrepeatable Family Research

Posted on:2020-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiuFull Text:PDF
GTID:2416330578951059Subject:legal
Abstract/Summary:PDF Full Text Request
In ancient China,the inheritance law of family property had a complete development system.In this development process,the inheritance system of family property in Song Dynasty showed its unique research value because of the complete legal provisions.The form of inheritance in the Song Dynasty was the same as that of the previous dynasties,which was the inheritance of the inheritance of status and the inheritance of property.The inheritance of status refers to the succession of family members,and property inheritance refers to the inheritance of property of parents'.The inheritance system of family property in the Song Dynasty showed different characteristics from other dynasties,such as the expansion of the scope of succession and the change of inheritance share.Among many related researches,the inheritance system of Song is not as detailed as that of other dynasties,so it is suitable for further study.In the family of Song without heirs,the property's main inherited form is daughter(including unmarried daughter,divorced daughter,married daughter),adoptive child and son-in-law.After clarifying the meaning of family separation in the Song Dynasty,analyzing the right of inheritance of the woman and the stepson and the specific share of the heirs in the process of dividing the parents' property and disputes arising from uneven distribution.Combined with the judicial practice of the case handling process,we can understand the legal regulations that Song judicial officials used to handle relevant cases,at the same time,it reflects the common sense and habits outside the law.Through the study of these aspects,the inheritance system of family property in the Song Dynasty can be further explored.At present,there is no clear point of view on the definition of household exclusions in the Song Dynasty,and many cases that do not belong to the household exclusion are also counted as household exclusion,leading to confusion in the analysis and study of the inheritance right of the household exclusion.Based on the relevant cases collected in the "Qing Ming",this paper clarifies the definition of household cleanness and analyzes the inheritance share distribution of heirs under different circumstances.The greatest innovation of this article is to make clear the true meaning of Unrepeatable Family,and to confirm situations not belong to unrepeatable family.Under analyzing the right of inheritance of daughter,stepson and son-in-law,get the social roots of Song Dynasty's property inheritance systems of unrepeatable family,list the new developments of the Song Dynasty's property inheritance systems and influence on later generations,finally compared with the relevant systems of later generations,we can get the innovation of modern inheritance systems.In the future relevant research,we should clarify the concepts firstly,study in the right context,Song dynasty was the peak of feudal law development in ancient China,its property inheritance system has had a profound impact on the modern system.In dealing with modern property inheritance disputes of the unrepeatable family,Song's advanced experience should be used for reference,combined with the actual situation.Only in this way can we deal with social disputes,and maintain a harmonious social atmosphere.
Keywords/Search Tags:Song Dynasty, Property Inheritance of Unrepeatable Family, The Form of Property Inheritance
PDF Full Text Request
Related items