中国传统家庭合与分的制度考察

    摘要: 历史上不同时期，存在着对民众居住方式有着不同影响的制度。概言之，既有抑制亲子分爨、兄弟分家和鼓励大家庭维系的制度，也存在有利于小家庭成长的制度环境。在多数时期，法律、政策、宗规族训、惯习等对分家的限制虽有作用，但较少刚性，并且元明清时代法律对分家的限制作出了让步。由于非福利社会中家庭养老是子代不可推托的义务，父母在世时尽管兄弟不分家的复合型家庭难以普遍保持，但直系家庭是近代之前的重要形式。总体看，历史上的家庭形态构成为直系家庭、复合家庭和核心家庭并存。直系家庭和核心家庭这两类中小型家庭高于复合型大家庭，当然在不同社会阶层中会有差异。
    关键词: 家庭类型; 制度; 分家; 分产
    Institution and Its Influence on Family Members Living Together or Dividing in Chinese History
    Abstract: Institution had played different roles on people's living style in different periods of Chinese history． In a word，there were some institutions that restrained separate-kitchen between parents and adult children，dividing among brothers and encouraged big family that parents and married sons lived together． At the same time，there was institution environment that was suitable for growth of nuclear family in the history． However，the law，policy clan regulations and habitus played a role on division，they were not rigid rules． Faw made concession on division in Yuan，Ming and Qing dynasties． When social security system had not been established，adult children took pension obligations for old parents．
    Although compound family wasn't universal，lineal family was an important family form before the modern China． In my opinion，the main family forms included nuclear family，lineal family and compound family． The proportion of lineal family and nuclear family was higher than the compound family． Of course，it's different among different social classes．
    Keywords: Family Type; Institution; Family Division; Separate Property
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    文章出处：社会科学，2013年第7期