The Research On The Rationality Of The Ancient System Of "Equal Division Of Sons"

As a system of property inheritance,the system of "equal division of sons" has lasted for more than two thousand years in ancient times.It first appeared in the form of custom,which was the "natural rule" formed by the people in their long-term life.In the Tang Dynasty,it developed into a complete legal system,and until the end of the Qing Dynasty,this system showed a stable state.This system is adaptive and compatible with the occasion where it works —family.To explore rationality of the system,we should take "family" as the starting point.In the patriarchal society,the two-dimensional family corresponds to the "two-track system" within the realm of inheritance.The wife-born son inherit ancestral shrine to guarantee family continuation,all sons divides property to guarantee the family expantion.The property is the economic foundation to reproduce and live for the sons.Under the concept of “valuing family relations rather than property”,the system is intended to avoid the conflict of sons and promote family harmony.In the context of the weak development of ancient social security,the system is conducive to the family's function of "supporting the old and raising the young".The positive role of the system has profound enlightenment for the law construction.