針對子孫在父母、祖父母在世時自立門戶和自有財產(chǎn)而設(shè)置的罪名。禁止別籍異財于隋唐時開始入律?!短坡伞っ伞贰笆異骸敝小安恍ⅰ弊锏谝粭l就是“父母在,別籍異財”,此后歷代法典也都明令禁止別籍異財,其目的在于維護(hù)大家族制。
This was a crime against people seeking separation from their extended families andownership of properties with their parents or grandparents still alive. The prohibition wasgradually introduced into the law in the Sui and Tang dynasties. The first crime of “failureto honor filial piety” among “the Ten Evils” in The Tang Code was seeking separatehousehold and properties while one’s parents were still alive. Since then, laws ofsubsequent dynasties had explicitly forbidden such deeds, in order to maintain the systemof extended families.
◎ 諸祖父母、父母在而子孫別籍異財者,徒三年。(《唐律疏議·戶婚》)(凡祖父母、父母在世,而子孫另立戶籍、分割家財?shù)?,處徒刑三年。?/p>
Anyone seeking independent registries or separate wealth with their grandparents orparents still alive shall be sentenced to three years of imprisonment. (Commentary on TheTang Code)
(本欄目文章摘自教育部、國家語委重大文化工程“中華思想文化術(shù)語傳播工程”項目。)