宋代“别籍异财法”的演变及其原因阐析

宋代“别籍异财法”经过真宗、仁宗、孝宗、光宗等时期的多次修改 ,逐渐确立了子孙的财产权。自太祖直至仁宗初年 ,多以特别法的形式修正“别籍异财法”的生效时间与量刑 ;仁宗景祐四年 ,法律承认“非因祖父母财及因官自置财”为个人所有 ;孝宗时著令承认子孙的财产权 ;光宗时又对此法令稍加限制。促使“别籍异财法”发生演变的两大原因是差役和家庭财产纠纷。考以史实 ,“别籍异财法”在社会基层的实际推行效果并不理想。

The Change of Family Break-up Law in the Song Dynasty and Its Reasons

The "Family Break-up Law" in the Song dynasty changed a lot with the modification from emperors of Song Zhenzong, Song Renzong, Song Xiaozong to Song Guangzong, in that the property right of children in a family was gradually recognized by the Court. The items of "Family Break-up Law" were issued in a special law from Song Taizu to the early years of Song Renzong; the property earned by the children themselves was recognized by the Court in the 4th year of Jingyou and became legal even when their parents and grandparents were still alive in the years of Song Xiaozong; the law was modified slightly in the time of Song Guangzong. Two important factors 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