论文部分内容阅读
在学术界,对家族法,日本学者滋贺秀三在对历史上汉族农村(主要是河北、山东省农村)调查资料的基础上,著有法制史著作《中国家族法原理》。对家族法的性质,梁治平在《民间法、习惯和习惯法》一文中认为,“在清代,甚至家族法和行会法也未尝不可以被看成是习惯法”。但他未对清代家族法作具体的论述。对畲族家族法,有学者从伦理学的角度进行了论述。本文在上述学者研究的基础上,通过对浙江省云和县山脚畲村(全村共70户,1户汉族家庭,山脚村位于白龙山脚下,背后紧靠白龙山,其他与汉族村庄
In academia, on the basis of the survey data on the history of Han nationality in rural areas (mainly in Hebei and Shandong provinces), the Japanese lawyer Shiga Xiu wrote a book entitled “The Law of Chinese Family Law” on the legal history. In regard to the nature of the law of the family, Liang Zhiping in his article entitled “Folk Laws, Customary and Customary Laws, held that” in the Qing Dynasty, even the family law and the guild law could not be regarded as customary law. " However, he did not make a detailed discussion of the family law in Qing Dynasty. For She family law, some scholars have discussed from the angle of ethics. Based on the above scholars’ study, this paper analyzes the current situation of the village of Shendu She village in Yunhe County of Zhejiang Province (a total of 70 households in the village, one family of Han nationality, the village of Shanjiao is located at the foot of Bailong Mountain, close to Bailong Mountain,