摘要： 清代“家长奸家下人有夫之妇”例源于满族法，在康熙时期才应用于汉人。满人设立此例的本意可能是限制主人对奴仆的人身权，而汉人社会则基于主仆名分强调家长与仆妇发生性关系是自甘堕落，应当予以惩罚。乾隆以后，清廷处理主婢之间性关系时更注重妇女贞节，逐步赋予仆妇反抗家主强奸的“权利”。

关键词: 主仆名分, 奸, 满族法, 贞节, 家下人有夫之妇

Abstract: The sub-statute on“Masters Engaging in Illicit Sex with Their Married Servant Women” actually origi-nated from Manchu law and it was not applied to the Han people until the Kangxi reign. Manchus established this sub-statute probably in order to restrict the masters’“right of the person” over their slaves. Jurists in Han society, however, emphasized the status hierarchy and argued that masters who had engaged in sexwith their married servant women debased themselves and therefore they should be punished. From the Qian-long period onward, when the Qing court handled illicit sex cases between masters and their female serv-ants, it emphasized more and more on women’s chastity and gradually granted the servant women the“rights” against sexual assaults from their masters.

Key words: Distinction between Masters and Servants, Illicit Sex, Manchu law, Chastity, Servant Women