A Study Of Chen’s Family Law And Clan Rules In Qili Village Of Shanxi Province In Ming And Qing Dynasties

Family law and clan rules is a rule system rooted in the family blood ontology.Its value lies in guiding and standardizing individual behavior and maintaining family and family order.Family rules are the first accepted social rules in one’s life.Family admonition and instruction will have a strong impact on one’s concept and behavior.In the period of children’s growth and development,if we can regulate and guide them morally,then when they enter the society,they will consciously abide by the moral code of conduct formed from childhood.The content of family law and clan rules in China involves many aspects,such as self-cultivation,social life,family management,female training,etiquette and so on,and almost covers the necessary skills for individuals to integrate into the society.Although the rule of law and clan organizations have been withered away,the family law has been gradually fading away from our view.However,the traditional family law is still an important local resource that can be used in the process of building the rule of law in the modern grass-roots level.Its essence still can be learned and absorbed by modern civilization,and it is important for people’s moral concepts and behavior standards.After an empirical study of the family rules of the Chen family in Qili Village of Shanxi Province in the Ming and Qing Dynasties,we can find that the family rules of the Chen family in history are the "family code" for the Chen Clan to regulate the management of its members.The family rules of Chen family law regulate the clansmen in the aspects of etiquette,customs,property,etc.at the same time,the family rules of Chen family law have clear implementation subject,implementation object,implementation procedure and disciplinary measures,which can ensure the implementation of family rules.In general,the family rules of Chen family law have the basic characteristics of ethical standard,emphasis on enlightenment,simplicity and pragmatism.They can play a positive role in mediating civil disputes,resolving internal contradictions,maintaining family order and so on.They become an important guarantee for the realization of the autonomy of Chen Clan and an effective supplement to the national law.At present,our country is in the historical process of promoting the modernization of the national legal system and legal capacity.We should attach great importance to the traditional legal resources of family law and clan rules.To be sure,there are some contents in Chen’s family law and clan rules that do not meet the requirements of modern society,such as valuing sons over daughters,foolishly loyal and filial piety,restricting freedom and so on.In this regard,the rational choice is to extract the essence and discard the dross,and excavate the beneficial part of the construction of the contemporary socialist harmonious society,and apply it to the practice of modern rule of law.By absorbing the wisdom of traditional family law and clan rules,we can explore the construction of a multi dispute mediation mechanism,form a good family tradition and family precepts,and improve the modern education and punishment system,so as to better serve the modernization of China’s socialist legal system and legal capacity.