《二年律令》中的“置後”與“戶後”繼承制度

《二年律令‧置後律》規定了「置後」及「戶後」的法令，這些內容正是漢初政府落實編戶齊民，規範民之等級，與什伍編制的配套措施。不僅每人皆生要立戶，死要除籍；每年八月還要依據案比規定，登記所有相關戶籍。「置後」的目的在確定每位「民」的身份，及法定爵位繼承人；「戶後」則是在選定戶主。兩項繼承皆和血緣有關，但「戶後」的繼承順位，更考量到財產的保護，故「戶後」除了有「立戶」，也出現了「代戶」情況。沒有「立戶」就沒有繼承權，也不能得到政府田、宅的授予，故每屆成年，皆必須於戶時辦理傅籍。「置後」與「戶後」的繼承並不限於子男，寡妻、女兒、祖母皆有繼承權，這與傳統的封建繼承制度截然不同，也是呈現漢初重視婦女及弱勢族群的福祉寫照。然婦女所以能享有繼承權，也與「置後」和「戶後」的規劃目標有關。

關鍵字

置後律；置後；戶後；立戶；代戶；什伍編制；傅籍；八月案比

並列摘要

The ”Laws on Posthumous Succession” in the Laws and Decrees of the Second Year outline the laws regarding succession of noble rank and household. These laws were used in the governance of the people and households during the beginning of the Han dynasty. Household registration was mandatory and a census was taken every August. The purpose of the laws on posthumous succession was to confirm the status of every citizen and to appoint a lawful successor of noble rank upon death. For households, a new head was appointed also when the previous head passed away. Successors in both regards were appointed based on bloodlines. Nevertheless, laws regarding succession of households were more detailed, as it determined who would control the property of the deceased. Persons of age were required to register. Those failing to do so forfeited their right to succeed their father, as well as to use of government farm lands and housing. Proxy heads of household could also be appointed, and were given authority to manage, but not to dispose of, property. Successors in either instance were not limited to male progeny only; widows, daughters and grandmothers all had right of successorship. This varies from traditional feudal practices and reveals the willingness of Han rulers to acknowledge the rights of women and disadvantaged clans.

並列關鍵字

Laws on Posthumous Succession ； succession of nobility ； succession of household head ； establish household ； proxy head of household ； neighborhoods of 5 and 10 households ； registeration ； census