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在中国古代社会,虽然外在的体例形式都表现为刑法典,但这并不代表我国在传统社会不存在包括亲属法在内的民法的实质内容。尽管传统社会处理和界定婚姻家庭关系所采取的制度模式无独立的外在形式,且被包涵于刑法典中,但这种制度模式所解决的问题与当下亲属法所要解决的问题是基本一致的。我们认为,我国古代社会“亲属法”主要有三大特点:始终为刑法典中一部分,体例均为“户”或“户婚”;深受古代“礼”的影响;法律文本宽于男性,严于女性。正是这些特点构筑了中国古代婚姻家庭关系法制文明,维系了中国传统的社会秩序。
In ancient Chinese society, although the extrinsic form and form are both represented by the criminal code, this does not mean that our country does not have the substantive content of civil law including kinship law in traditional society. Although the traditional social system and the definition of marriage and family relations adopted by the system model without an independent external form, and is included in the criminal code, but the system model to solve the problem with the current relatives to be solved is basically the same problem . In our opinion, there are three major characteristics in ancient Chinese society: the “relatives”, which are always part of the criminal code, and are all influenced by ancient “courtesy” and “courtesy” The legal texts are wider than men and stricter than women. It is these characteristics that have shaped the legal civilization of ancient Chinese marriage and family relations and maintained the traditional Chinese social order.