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中国古代的法律,从公元8世纪上半叶的唐律到18世纪仍然在当时法律体系中占据核心位置的《大清律例》,陈陈相因,一脉相承,有着惊人的相似性,很少有变化,然而在这千余年间,中国社会所经历的变化却是缓慢而巨大的。据此可以推断,仅靠国家的法律已不可能完全应付社会变迁带来的各种新问题。此外,在中国古代,除了有国家正式的法典外,在民间还存在大量的契约文书。仅今人搜集入藏的明清契约文书,其总数就已超过1000万件。上述事实说明,在中国古代社会,国家法不是全部社会秩序的基础。在国家法所不及和不足的地方,存在着另一种秩序,另一种法律,即所谓的“民间法”。中国古代民间法,表现为诸如家法族规、各种民间性组织制定的规范、村规乡约以及各种风俗习惯等。本文将通过对家法族规这种民间法的主要表现形式之一进行解读,以其产生和发
The laws of ancient China, from the law of the Tang Dynasty in the first half of the 8th century to the law of the Qing Dynasty occupying a central position in the legal system of the 18th century, are closely related and have striking similarities There have been changes. However, in the past few thousand years, the changes experienced by Chinese society have been slow and huge. From this we can conclude that it is impossible to fully meet the various new problems brought about by social changes by the laws of the country alone. In addition, ancient China, in addition to the official code of the country, there are still a large number of private contractual instruments. Only the collection of people today into the collection of the Ming and Qing covenants, the total number of more than 10 million. The above facts show that in ancient Chinese society, the national law was not the basis of all social order. Where state law fails to meet or is short of it, there is another order, another law, the so-called “civil law.” Ancient Chinese civil law, manifested as such as family law rules, a variety of non-governmental organizations to develop norms, village conventions and customs and a variety of customs and habits. This article will interpret one of the main manifestations of such folk law as family law and ethnic clan rules,