Research On A Number Of Issues Concerning Heir Inherited In Qing Dynasty

Since the foundation of patriarch system established in Xizhou Dynasty, Making Heir inherited system boarded the stage of history, Initially,it only performed in the identity of a noble family. The appearance of Making Heir inherited system played a role in maintaining aristocratic hierarchy of the big noble family.After the time of Qin and Han Dynasties, because of the ancient hereditary aristocratic order been broken, families are dissipated, so Heir inherited system has been formed gradually. Since then, Making Inheritor became a way to solve the family successive problem. According to the traditional Heir inherited system, the pointed heir must be the same clan and the person who have different surname as heir is not allowed, are fundamental principle. Since the first legal rule about the Making Inheritor was shown up in Tang Dynasty, each dynasty has detailed regulation about the Heir inherited system. Till Qing Dynasty, the system reached to a complete extent.In Qing Dynasty, a family with no male offspring, usually Making Inheritor to protect the family successive. But in practice, this situation is extremely complex, the interaction between the national laws and social customs make Qing Dynasty Heir to inherit showing the face of a mix. Study on the content of Making Inheritor and analysis of this phenomenon in Qing Dynasty, the maturity of Making Inheritor in Qing Dynasty is well presented.In the part of introduction, it mainly explain the purpose and major significance of choosing the problem of Making Heir inherited system in Qing Dynasty. In this part, I try to depict the basic idea of Making Inheritor, so that a detailed discussion can be explored in the following chapters.In the first part of this papers focus on the contents of Making Heir inherited system. From the Heir inheritance law to the content and manner of Heir inherited, the maturity of Making Inheritor in Qing Dynasty is well presented.The second part of this papers describes the provisions of the Qing Dynasty Heir main distinctive and Heir object of the opposite sex and the Qing Dynasty inherited the full range of inspection.The third part of this papers is about the jurisprudence inherited from the Qing Dynasty Heir start analysis interaction between national laws and folk customs of the Qing Dynasty. Heir law of inheritance is the process of a gradual adjustment and continuous improvement, local officials in the judicial practice is the main factors of the process. The Qing Dynasty Heir inherited reached the most complete extent with interaction of law and civil customs law. The fourth part of this papers analyzed the Qing Dynasty Heir law of inheritance for future generations. Heir inherited legislation had a profound impact on two end of the Qing Draft Civil Law and the period of the Nanjing National Government.The conclusion part iterates the significance of Making Heir inherited, and revealed that the positive interaction of modern society,laws and social customs are still of great significance.