摘要: 无论传统时代,还是当代社会,男女择偶均有制度的约束。整体看,婚姻建立在与血缘亲属之外成员结合的基础上。从历史阶段着眼,血缘亲属又分为同姓、同宗和近亲。同姓不婚制度建立在维持男系血统传承秩序不紊乱基础之上,优生并非其基本出发点,但它在客观上降低了来自同一祖先者通婚的概率,对优生具有积极作用;同宗不婚完全是出于伦理考虑作出的安排;近亲不婚则在此基础上更进一步。从民间实践看,同宗不婚的落实效果最好,这是宗族内部有效的自律和约束使然。近亲不婚制度在有服宗亲中便于落实,而一些地区姑舅和两姨姐妹子女在父母的安排下则形成与法律要求不一致的结姻偏好。可见,近代之前中国民众对近亲结婚危害的认识是有限的。

关键词: 同姓不婚； 同宗不婚； 近亲不婚； 制度

From not Marrying Persons with the Same Surname,the Same Clan to Close Relatives

Abstract: This paper mainly analyses the permitted extent of choosing spouse from three levels of historical perspective.Based on this study,the goals of the institution that prohibited persons to marry with the same surname were to maintain male lineage inheritance order,bearing and rearing better children were not the basic starting point in the traditional period.Of course,these rules had decreased probability of marring between people coming from the same ancestor and objectively played positive effect on eugenics.The main aim of the institution that prohibited marrying persons with the same clan was totally out of ethical consideration.So did the institution that prohibited marrying persons with the close relatives.From the folk practice,the institution that prohibited marrying persons with the same clan was well carried out in the three types,the strict rules that clans drew up provided guarantee for its implement.The institution that prohibited marrying persons with the same clan were enforced among members with the blood relations.However the sons and daughters of uncles and aunts were arranged to marry and it had violated the provisions of the laws in some areas.It is thus clear that the knowledge of harmfulness.about intermarriage was limited in Chinese public before the modern times.

Key words: Not Marrying Persons with the Same Surname； Not Marrying Persons with the Same Clan； Not Marrying Persons with Close Relatives； Institution

文章出处：社会科学，2012年第7期