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The comparison that the parent on law of Chinese ancient time and Roman law coun
From;    Author:Stand originally
Strict and theory, regard a law as the concept, parent authority is the diction on Roman law, also say " paternity " or " domestic paternity " , those who be research is necessary with advantage, the article introduces the idea on Roman law law of Chinese ancient time to point to the content that says to answer relatively, undertake comparative to both.  

"The parent authority of broad sense is to show the parent is right the hegemony of family member, servile, domestic animals and other property. Of narrow sense it is an object with the family member only, namely the enjoys to place of its family member from right person hegemony in male citizen. " [the comparison of the article studies 1](p148) , with broad sense parent power concept is a foundation, the hegemony that discusses body of woman of parent two pairs and domestic worth centrally two parts.  

On Roman law, "Can say, ' domestic father ' it is to point to commonly without any living male departments honour the relative's person " . [2](p124) is in Roman law, the parent is far it is a kind of identity in the family not just, and it is jural very fundamental main body condition, "After acquiring free authority and franchise, condition of this kind of main body to right ability it is most crucial, it is even before whole and classic times, it is in private law relation almost ibid the land is important like two kinds of conditions " . [The parent on law of 2](p125) China ancient time, it is to point to cohabitational elders, register in the registered permanent residence of feudal official thin on, say for " householder " or " householder " . The parent on law of Chinese ancient time lacks the sense of main body condition on Roman law. Because Chinese ancient time is advocated " for many generations lives together " and " live together in all money " , make the home appears two kinds of configuration, one kind is father parent model, one kind is compound model. The parent of father of parent authority be confined to on the way of Chinese ancient time that article place discusses the parent in the home counterpoises, for its typical sex is reached counterpoise with the parent on Roman law but the reason of appropriate correspondence.  

One, the comparison of content of authority of the parent on law of Chinese ancient time and Roman law

(one) the hegemony of body of woman of parent two pairs

1, the hegemony of body of woman of two pairs of the parent on law of Chinese ancient time

Chinese ancient time emphasizes children particularly the filial piety to parents, be opposite namely parental obedience. "Husband filial piety, the classics of the day also, of the ground justice also, civilian row also. " [3] (3 ability chapter the 7th) " the thing of the dutiful son is dear also, house criterion sends his to respect, raise send its happy, disease causes its concern, funeral is sent its sad, hold a memorial ceremony for sends his to father. " [3] (travel notes chapter is dozenth) " Meng Yi child ask filial piety. Child say: Without violate. " [4] (for politics the 2nd) look from legal viewpoint, ground of parent of course has two pairs daughter to carry out decretal and punish duty influence. " annals of criminal law of Chinese book · " the cloud: "Whip attacks cannot relax at the home, penalty cannot be abandoned at the country " ; " Tang Lv is scanty exemple of the name that discuss · " the cloud: "Penal cannot relax at the country, cane is beaten must not abandon at the home " . Outside dividing proper motion chasten, all laws all have Tang Songming Qing Dynasty " descendants infringe decretal " regulation, parents can send for descendants infringe decretal invite discipline sb as a warning. Law and will " disobedient " label " 10 evil " one of great pains, give punish severely. [5][6][7][8] (" descendants infringe decretal " 10 evil " ) typical dutiful son can resemble Shun only at most in that way " little rod or staff used for a specific purpose suffers, big stick goes " . Holding all the time in the history that this kind of idea is in China to be as long as thousands of years control a position absolutely. Late clear Shen Jiaben edits stipulate in draft descendants can is opposite when old pure and fresh criminal law elders is applicable defend oneself counterpoises, cause a mighty uproar, the pressure dirty that must send finally in the Confucian or feudal ethical code gives compromise. Of hegemony of body of woman of parent two pairs powerful with abiding this shows one spot.  
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