中國 近世 戶絶財産에 관한 법적 규정과 현실
On Legal Representation and Practice about Extinct Household Property in Early Modern China
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Looking at the law about Extinct Household property in Tang Dynasty Code, daughters have priority to inherited property. However, this priority had been limited gradually during Song Dynasty. As divisions between ‘Daughters’ such as ‘unmarried women(在室女)’, ‘returned women(歸宗女)’ and ‘married women(出嫁女)’ had become clear, the amount of inherited property was fixed in the concrete. In particular, shares of inheritance of ‘returned women’ and ‘married woman’ came to reduction enormously during Southern Song Dynasty. This changes in the law were identified in Qingmingji(淸明集) and concept about inheritance of son-in-law who lives with his wife’s family came to be denied. In respect of social economical history, it would rather to say that rates of woman workers in household had increased from Song Dynasty to Qing Dynasty. That is, opportunities to insist the right in family property had increased. In contrast, chances to insist the right in family property had reduced as a social norm due to introduction of Zhu Xi studies(朱子學) and patriarchal Clan System(宗族制度). It is not for legal protection in women’s status and rights but for detail rules to prevent argument in Extinct Household property, even rules for legal inheritance shares of women set up after Song Dynasty with conflict between social economic situation and social norms. If status of women in Southern Song Dynasty got higher as promised in law, it can not be explained how come shares of inheritance of ‘returned women’ and ‘married women’ came to reduction enormously in the laws. After Ming and Qing Dynasty, detailed laws containing share of inheritance property in concrete were not needed anymore due to Lilaorenzhi(里老人制). Lilaoren(里老人) are known as persons who know well in every detail of the laws. In this process, as detailed laws containing share of women inheritance property in concrete were not prepared, increasing cases that son-in-law who lives with wife’s family had taken Extinct Household Property appeared as during Ming and Qing Dynasty.
Abstract
Looking at the law about Extinct Household property in Tang Dynasty Code, daughters have priority to inherited property. However, this priority had been limited gradually during Song Dynasty. As divisions between ‘Daughters’ such as ‘unmarried women(在室女)’, ‘returned women(歸宗女)’ and ‘married women(出嫁女)’ had become clear, the amount of inherited property was fixed in the concrete. In particular, shares of inheritance of ‘returned women’ and ‘married woman’ came to reduction enormously during Southern Song Dynasty. This changes in the law were identified in Qingmingji(淸明集) and concept about inheritance of son-in-law who lives with his wife’s family came to be denied. In respect of social economical history, it would rather to say that rates of woman workers in household had increased from Song Dynasty to Qing Dynasty. That is, opportunities to insist the right in family property had increased. In contrast, chances to insist the right in family property had reduced as a social norm due to introduction of Zhu Xi studies(朱子學) and patriarchal Clan System(宗族制度). It is not for legal protection in women’s status and rights but for detail rules to prevent argument in Extinct Household property, even rules for legal inheritance shares of women set up after Song Dynasty with conflict between social economic situation and social norms. If status of women in Southern Song Dynasty got higher as promised in law, it can not be explained how come shares of inheritance of ‘returned women’ and ‘married women’ came to reduction enormously in the laws. After Ming and Qing Dynasty, detailed laws containing share of inheritance property in concrete were not needed anymore due to Lilaorenzhi(里老人制). Lilaoren(里老人) are known as persons who know well in every detail of the laws. In this process, as detailed laws containing share of women inheritance property in concrete were not prepared, increasing cases that son-in-law who lives with wife’s family had taken Extinct Household Property appeared as during Ming and Qing Dynasty.
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