论宋代田宅交易中的亲邻优先权及其司法适用

The Kinship and Neighborhood Priority in the Field and House Transactions and Its Judicial Application in Song Dynasty

摘要: 田宅交易中的亲邻优先本属于民间习惯法，在宋代得到国家法的认可，较为详细地规定了亲邻的范围和顺位、权利行使方式、诉讼时效等，对后世影响深远。宋人围绕亲邻优先权引发了不少田宅交易之讼，通过分析宋代此类司法裁判案例可以明晰该制度实际的适用情况以及背后存在的问题。亲邻优先权在古代社会的长期存在也反映出这一制度在保障家族利益、维护社会稳定和平衡利益冲突方面有着积极的作用。

Abstract: The priority of relatives and neighbors in the transaction of farmland and homesteads originally belonged to folk customary law, which was recognized by national law in Song Dynasty. It provided detailed provisions on the scope and order of relatives and neighbors, the exercise of rights, and the statute of limitations for litigation, which had a profound impact on future generations. The Song people had caused many lawsuits related to land and housing transactions around the priority of neighbors. By analyzing such judicial cases in Song Dynasty, the actual application of this system and the problems behind it could be clarified. The long-term existence of the priority of relatives and neighbors in ancient society also reflects the positive role of this system in safeguarding family interests, maintaining social stability, and balancing conflicts of interest.