【王湘平】論范一包養心得仲淹的宗法思惟與義莊信托機制
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About Fan Zhongyan’s patriarchal thinking and the trust mechanism of Yizhuang
Author: Wang Xiangping (Doctoral Graduate School of Central and Southern Law)
Source: “Original Dao” No. 38, edited by Chen Ming and Zhu Han, Hunan Major Book Company published in August 2020
Content Summary:Fan Zhongyan is a representative of the classics of the scholars and officials of the Song Dynasty in our country. Although he was disgusted with politics, he still held the confidence of “the world is happy and the whole country is happy” and “the high standards of living in the hall are happy and the common people”, and created the “Fan Yi Zhuang” and formulated the “Yi Zhuang Rules”.
As the prefect of Hangzhou, Fan Zhongyan purchased “Yitian” and established “Yizhan”, and entered the “economic ethnic group” with the age of “Yizhan”, so that the tribe members “who are at the forefront of the people will not be worried about being cold”, and then they will be excited to “Yizhan” and develop buying and selling. The “Fan Yizhuang” is a good place for the tribe members to hold, manage or divide the property transferred by Fan Zhongyan, and strictly adhere to the willingness and “charity rules” of Fan Zhongyan.
The legal structure of the “Fan Yi Zhuang” and its good deeds to save civil and economic difficulties and promote teaching have a surprising difference from the modern merciful trust system. Although Fan Zhongyan has strong patriarchal thinking, he cannot deny the progressive nature of his concept of compassionate trust. As a compassionate trust mechanism, “Fan’s Yi Zhuang” has the consequences of social inheritance and spreading outside the clan. However, due to the influence of traditional patriarchal thinking, it has failed to develop into a trust system in modern meaning.
Keywords: Fan Zhongyan; patriarchal thinking; Fan Yizhuang; Compassionary Trust
1. Introduction
With the continuous development of the trust industry and the continuous depth of the research on trust management, students have introduced family-style compassionate trusts into their vision in the basis of exploring family trusts. The academic community generally believes that the modern trust system originated from the “USE” design in the UK. The “Fan Yizhuang” with a compassionate trust mechanism was founded by Fan Zhongyan, a famous minister of the Song Dynasty in my country, and was often neglected.
(Paradigmism)
In fact, the “brain” created by Fan Zhongyan not only precedes the “USE (USE) design” in the UK, but its concept is more advanced than the “inclusiveUSE (USE) design”. Because the UK’s “USE” design is important to avoid allrl.org/”>Short-term maintenance feudal powers and burdens, while “Fan’s Yi Zhuang” is used to save civil and economic difficulties and promote educational development. That is, Fan Zhongyan bought thousands of fertile land as “Yi Bai”, created “Yi Zhuang” with “Yi Bai”, and started “Yi Zhuang” to support “Yi Zhuang” with the income from “Yi Zhuang”.
It is regrettable that all the scholars of our country’s absolute ministry have “Fan’s Yi Zhuang” “In view of Fan Zhongyan’s patriarchal thinking, in order to collect the family’s things and skills, we ignore Fan Zhongyan’s concept of compassion and the compassionate trust mechanism of “Fan’s Yi Zhuang”.
After introducing the trust system, some scholars regard “Fan’s Yi Zhuang” as a kind of compassionate trust or public welfare trust, they have not deeply explored the origin of it, the protruding characteristics of compassionate trust and their Social consequences and limitations. Therefore, this article settles on Fan Zhongyan’s patriarchal thinking and explores the social consequences and limitations of the “Fan Yizhuang” as the trust trust trustee and its mechanism.
2. Fan Zhongyan’s patriarchal thinking and his compassionate behavior
Class patriarchal thinking is based on clan system or patriarchal law The clan system is a basic concept. The clan system or the clan system is a kind of royal family system that evolved from the clan society’s patriarchal system and distributed to friends’ national power to establish a worldly rule according to blood. Its goal is to maintain national organizations and implement political levels with clan organizations.
Therefore, the historical origin of the clan system is profound. In addition, the clan’s Bao Haimei is based on the clan system as the unity, the ancestral hall as the center, and the clan rules as the law, but the clan system has the authority of the clan family system, that is, the political power and clan power of the officials in the clan.
Rongerkang divides the clan system into five stages: BaowomenThe classic clan system, the aristocratic and aristocratic clan system in the Qin and Tang dynasties, the large-scale clan system in the Song and Yuan dynasties, the dynasty clan system in the Ming and Qing dynasties, and the slowly declining clan system in the modern era. Fan Zhongyan was in the Song and Yuan dynasties, and his patriarchal thinking was also marked by this era.
(I) Fan Zhongyan’s patriarchal thinking However, even though Fan Zhongyan has been appointed as the governor of Hangzhou, he cannot break the clan’s conscience. Therefore, Fan Zhongyan started filling out the form in the Suzhou area where the Fan clan gathered. Two tasks: Continue to cultivate family traditions and create a ritual. However, the creation of “Yizhuang” broke the traditional patriarchal concept of using political power and clan power to maintain the clan’s rule, and used the compassionate concept of saving economic difficulties and supporting teachings to realize his patriarchal thinking of integrating clans and maintaining clans. </pSince its inception, the clan system or patriarchal system has adopted a unified coordination between political power and clan power to form the worldly rule in the clan, that is, the worldly rule of ingredients, wealth, and protecting the Internet single-time power. However, the king of Qin Shihuang who “made Qianli land for his own land” had eliminated the format of “not selling the fields”, especially the Sui and Tang dynasties that “were the farmer in the morning and ascended the emperor’s hall in the evening”, which opened up a path of official career for some small and medium-sized people, which gave birth to a new level of promotion from the people to power.
The right to newly promoted should be clear and the upper-level construction should be decided through economic foundations. Therefore, they first bought land, expanded wealth, and made the economic power of the Yuan Dynasty, and then established a clan, built a family, built a ancestral hall, built a ancestral hall, established a land, and collected a family. The position of the Yuan Dynasty in the clan and the position of the clan in the entire society to ensure the career of the family.
Because, before this, “the people sacrificed themselves to the throne, and the scholars and officials sacrificed themselves to the morgue. The common people had no morgue, so they could set up shadow halls.” That is, the people were not allowed to build family halls or build ancestral halls, and only officials could establish ancestral halls.
The clan establishment was to clarify the clan’s connection and gather the clan’s people, to build a family ancestral hall to establish a fixed place to worship ancestors, and to establish a land for the clan itself to have private property, all of which are the main tricks of collecting clans.
The confirmation of: “The ancestral hall is to respect the ancestral clan; the ancestral field is to collect the clan. The gods of the ancestors depend on the ancestral hall, and the ancestral hall is to rely on the ancestral hall, and there is no ancestral hall to be able to resolve the demise; the birth of the son’s surname depends on food, and the food is given to the ancestral field, and there is no ancestral field to protect the survival. Therefore, the ancestral hall and the ancestral field are equally important and do not become a deviant.”
From this we can see that the clan system or patriarchal system requires implementation based on ancestors, ancestral halls as support, and voluntary fields as material guarantees. Zhu Xi, a famous wise scholar in the Song Dynasty, not only advocated the establishment of ancestral halls to worship ancestors, but also prepared the “Family Gift” and made clear regulations on the worship of ancestors: “After the establishment of the ancestral hall, the plan was taken one twenty for each of the ancestral fields to sacrifice fields, and the people used them as tomb fields. Later, all the positions attached to the ancestral halls were similar. The eldest son led it to serve as sacrifices. In the first life, he did not When he set up a land, h
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