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亲属法的核心内容,主要是包含识别和标记亲属关系及其亲疏远近的规则。其基本做法是根据血缘关系和婚姻关系来认定亲属关系,而亲疏远近程度的计算,则基本以一代为一等,通过逐次累加得出相应的数值。与此相当不同的是,古代中国采用了丧服制度这一非计数式符号化的方法,来识别和标记亲属关系及其亲疏远近。这便产生了一个问题:古人定分立法,为什么用丧服制度确定亲属关系?以往文献对于丧服制度与亲属制度之间关
The core content of kinship law mainly includes the rules of identifying and marking kinship and its closeness. The basic approach is to determine kinship based on kinship and marital relations, and the calculation of distance and degree of closeness is based on generation to grade, and the corresponding values are obtained by accumulating successively. What is quite different from this is that ancient China adopted the non-counting symbolic method of mourning clothes to identify and mark kinship and its closeness. This raises a question: why the ancients decided to legislate and why the relationship between the mourning clothes and the kinsfolk system should be established? In the past, the relationship between mourning clothes and relatives