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家族在中国古代社会中具有重要地位,通过分析汉魏晋时期的法律可知,法律对家族的重视体现在培植和控制两个方面。法律对家族的培植,主要体现于法律思想、程序法、民事法律方面;法律对家族的控制,主要体现于刑事法律层面。法律对家族的培植,服务于法律对家族的控制。由此可见,家族服务于政治大局的稳定是其内在线索。
The clan plays an important role in the ancient Chinese society. Through the analysis of the laws of the Han, Wei and Jin Dynasties, the emphasis of the law on the clan is embodied in two aspects: cultivation and control. The fostering of family by law is mainly reflected in legal thought, procedural law and civil law. The control of family by law is mainly reflected in criminal law. The law fosters the family and serves the control of the family by law. From this we can see that the stability of the family service in the political overall situation is its intrinsic clue.