Research On The Inheritance System Of Adopted Heirs In Song Dynasty

The "Minggong Book Qingming Collection"(the following is called "Qingming Collection")is not only a true judgment in ancient China,but also one of the most important original materials for studying the legal system of the Song Dynasty.The detailed and vivid examples of the case concerning the establishment of the Southern Song Dynasty in the Qingming Collection are not available in other historical documents of the Song Dynasty that can be seen now,especially regarding the difference between Liji and Mingji and its judicial practice,more is its value.Therefore,this article takes the real case contained in the " Qingming Collection" as the research object,and combines other historical materials to study the inheritance system of the Song Dynasty.Since property inheritance and inheritance of incense are two aspects of inheritance.Therefore,property inheritance is naturally an important aspect of research.The dominant way of inheritance of property in ancient China in the context of Confucianism was the inheritance of men,heirs was a special system in the inheritance of ancient Chinese property.It refers to the family of non-adult males who chose the clan or the surname boy as the nephew,inheriting the incense,a system that inherits ancestral halls and inherits property,in traditional Chinese society,men and women are not equal.In the Confucian concept,only the son can pass on the family and inherit the family.the way of inheritance is to separate the family.The inheritance is a special system,although it is a kind of inheritance for men.Supplementary,it deeply reflects the leading values of Confucianism and the style of social life.In the Song Dynasty at the time of social change,the multi-interest brought about by the deep development of private ownership and the awakening of personal consciousness will inevitably be reflected in all aspects of social life,and also reflected in the inheritance system of heirs,the "Liji " and " Mingji" in the Song Dynasty,the difference is its typical characteristics.The so-called " Liji,that is,the husband is dead and his wife is there,and he is the only one who will be established from his wife." Of course,if the husband is discussing with his wife when he is alive,it also belongs to this category;"Mingji,that is,both husband and wife are dead,then their lives are only close relatives." In terms of inheritance of property,Li Jizi enjoys the same rights as his own son,In terms of inheritance of property,Li Jizi enjoys the same rights as his own children,while Ming Jizi is different positions due to different situations;In terms of duty-bearing,Li Jizi assumes the obligation to support the end-of-life and the succession of the surviving mother,it is necessary to assume the obligation to undertake sacrifices.One the hand is caused by the difference between the rights and obligations of the Li Jizi and Ming Jizi;On the other hand,it also reflects the respect for the willingness of adoptive parents to a certain extent.This article adopts the historical social jurisprudence method of explaining society by law and the society reflecting the law.Based on the literature,it focuses on the difference of the rights and obligations of the Li Jizi and Ming Jizi,the difference between Li Ji and Ming Ji in property inheritance,the difference between the life Ming Jizi and the daughter((in the room female,the maiden,the married woman)in the inheritance of the property,and how the Ming Ji system operate in the judicial practice.The Qingming Collection is a precious historical material left by the judges of the Southern Song Dynasty in handling the case,it reflects the judge's handling of the wisdom of the heirs case and the close integration of the Song Dynasty legislation with the judicial practice.From the Qingming Collection case,we can see that the law of inheritance and judge are in the case,there are certain deviations in the actual application,and the inheritance is established in the conflict of law and folk customs.When dealing with cases of inheritance and disputes,judges often start with maintaining family harmony and maintaining clan order.The law is not the only basis for judicial officials to deal with cases of inheritance and disputes,the reason and the righteousness of the people are also the basis for the judicial officials to decide the case.