宋代家法族規與基層社會治理

The Clan Rules of the Song Dynasty and Basic Social Management

家族作為中國古代宗法血緣組織的基本細胞，雖然並沒有在國家權力的直接控制之下，且因其地緣和血緣的個體差異性而在一定程度上游離於國家制定法的框架邊緣，但這並不能抹殺其基本治理原則與國家制定法的一致。從宋代開始，大規模的宗族組織在基層社會普遍建立，家法族規的制定也蔚然成風。這一時期家法族規以習慣和倫理為準則，與國家法一起維護著宋代社會的正常運行，並在司法實踐中成為了國家法的有效補充。同時由於與基層人民靠得最近，可以最快地反饋來自底層的消息，故就其本質來說有利於宋代社會基層政治的穩定，值得我們今天從中找到合理的借鑑。Clan constitutes basic component of Chinese ancient patriarchal consanguinity. It was not directly governed by the power of the state, and had geopolitical differences. Clan was to a certain extent free from the effect of the national law. However, the fundamental principles of clan rules were consistent with the national law. Starting from the Song dynasty, large-scale clan organizations in the basic unit society were generally established, and the making of clan rule also became common practice. During this period, the custom and morality were adopted by clan rules as the guidelines. Clan rules and the law of the state ensured the normal operation of the society of the Song Dynasty, and the former supplemented the latter in the judicial practice of national law. At the same time, clan rules were close to the grass root, and were helpful for the grass-roots political stability in feudal society.