论文部分内容阅读
秦汉法律制度中有关家庭成员间法律关系的规定占了很大比重。从出土简牍中我们可以大致了解,秦汉家庭成员间的法律关系因家庭成员的组成成分不同可分为几个方面,其内容涉及夫妻关系、父子关系、主奴关系、家产分割等。秦汉法律中对夫妻关系、父子关系、主奴关系的相关规定体现了夫权、父权、主人权力的绝对权威;家产分割实行多子袭产制。从整体上看,秦汉家庭立法反映了家庭成员的不平等性。
Qin and Han legal system in the family members of the legal relationship between the provisions of a large proportion. From the unearthed briefing, we can generally understand that the legal relationship between family members of Qin and Han dynasties can be divided into several aspects due to the different composition of family members. The legal relationship between husband and wife involves the relationship between husband and wife, father-son relationship, separation of family property and so on. The relevant provisions in the laws of Qin and Han Dynasties on husband and wife relationship, father-son relationship and master-slave relationship have shown the absolute authority of husband’s power, father’s power and master’s power; As a whole, the Qin and Han family legislation reflect the inequality of family members.