《唐律》别籍异财之禁探析
艾永明,郭寅枫《唐律》别籍异财之禁探析
Prohibition of Family Registration Separation and Family Property Division in Tang Code
期刊名称：《法学研究》
期刊年份：
作者：艾永明,郭寅枫
单位：苏州大学法学院教授;苏州大学法学院
中文关键词：唐律;户婚律;别籍;异财
英文关键词：Tang Code;separation of family registration;division of family property
中文摘要：
禁止别籍异财是中国古代法律规范家族财产、维护家族制度的一项重要规定，但长期以来人们往往将其视作一个整体，忽视别籍和异财的相对独立性及其相互关系。根据《唐律》和其他原始资料，我们可以看到别籍和异财实际上是两个问题而又紧密联系，法律禁止的重点是别籍而不是异财。
英文摘要：
The prohibition of “separation of family registration” and “division of family property” is an important rule of ancient Chinese law system, which can regulate family life and maintain family regulation. However, for a long time, people consider the two parts of the prohibition as a whole unity, think that the function of them is to protect the right of the head of family to administrate the family property, and ignore the relative independence and relationship between them. According to Tang Code and other original materials, it is quite obvious that the prohibition of separation of family registration emphasized the administration of family life, which is a precondition for the autonomy of family when the country lacked of public administration resources. On the other hand, the prohibition of division of family property reflected more about the authority of the head of family concerning to the family property. The legislators of Tang Code paid more attention on the prohibition of separation of family registration than on the prohibition of division of family property. The former could also be applied to the head of family, while the latter prohibited only his sons or grandsons. Meanwhile, the standard of the former is family registration, while the standard of the latter is much vaguer. Logically speaking, separation of family registration always leads to division of family property, but not vice versa, and the former prohibition is of much more importance in terms of the public law, so it is the key point of family regulation by legislators.
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