宋代别籍异财法演变及其原因阐析.pdfVIP

39 3 ( ) Vol. 39, No. 3 2009 5 Journal of Zhej iang University( Humani ties and Social Sciences) M ay 2009 DOI : 10. 3785/ j. issn. 1008942X. 2008. 09. 091 宋代 别籍异财法 的演变及其原因阐析 包伟民! 尹成波 ( , 310028) ! ] , , ; 祐四年, 法律 ; ; , ] ; ; ; The Change of Family Breakup Law in the Song Dynasty and Its Reasons Bao Weim in ! Yin Chengbo (D ep artment of H istory , Zhej iang University , H angzhou 310028, China) Abstract: The ∀Family Breakup Law∀ in the Song dynasty changed a lot w ith the modif ication from emperors of Song Zhen ong, Song Ren ong, Song Xiao ong to Song Guang ong, in that the property right of children in a family w as gradually recogni ed by the Court. The items of ∀Family Breakup Law∀ were issued in a special law from Song Tai u to the early years of Song Ren ong; the property earned by the children themselves w as recogni ed by the Court in the 4th year of Jingyou and became legal even when their parents and grandparents w ere still alive in the years of Song Xiao ong; the law was modified slightly in the time of Song Guang ong. Tw o important f actors that contribute to the change are the heavy burden on people from the office service corvee and numerous property law suits during that time. In fact the implementation of this law is not as ideal as supposed. Key words: the Song Dynasty; family breakup law ; the changes of the law ; social chang es , , [ ] 2008- 09- 09 [ ] http: / / ww w . journ als . ju. edu. cn/ soc [ ] 2009- 03- 27 [ ] 1. , , , , ; 2. , , , 3 ! :