法学家 ›› 2015, Vol. 0 ›› Issue (3): 164-175.

• 论文 • 上一篇    

从“亲眷申冤”到“刑及妻孥”:论唐代刑事诉讼中的女性

陈玺,史学博士,西北政法大学刑事法学院副教授,中国社会科学院法学研究所博士后研究人员。   

  • 出版日期:2015-06-15 发布日期:2015-07-01

From “Relatives Appeal” to “Punish Families”:The Women in the Criminal Litigation during the Tang Dynasty

Chen Xi, Ph.D. in History, Associate Professor of School of Criminal Law of Northwest University ofPolitics and Law, Postdoctoral Researcher of Institute of Law of CASS.   

  • Online:2015-06-15 Published:2015-07-01

摘要: 在唐代刑事诉讼中,女性时常履行代诉、申诉、举证等诉讼职责,并可能因宗族亲缘关系而承担刑事连带责任。女性为昭雪宗亲冤屈,时常伏阙直诉,且多与缠诉或自刑等非常行为伴生始终。女性群体基于礼教高于法律之基本认识,以孝义亲伦名义裹胁、绑架律典的现象得以长期存在。唐代司法实践中存在收孥罪人出家女眷的现象,罪犯妻女即使隐遁修持,亦难逃没官厄运。与收孥之法相比,配流、安置是唐代处置罪人女眷的补充方式。将“安置”罪人女眷作为“没官”减等的现象,在平定藩镇活动中多次出现。

关键词: 唐代, 女性, 诉讼, 申冤

Abstract: In accordance with the criminal proceedings of the Tang Dynasty,women were frequently involved inrepresentating parties in litigation,appealing and adducing evidence as well as bearing joint criminal responsibility which was caused by clan ties. It was quite popular for women to redress injustice by persistently conducting some extreme acts such as non-proceeding complaint to the emperor himself, repetitive litigation and self-mutilation. Women as a special group in the community were educated with morality which was superiorto law and usually pursued their justice by ignoring codified law. This was a quite common phenomenon in along run. In the judicial practice of the Tang Dynasty,the family members of a criminal were alsopunished. Therefore,a criminal’s wife and daughters could hardly escape from“Shou-nu” in which theywould be seizured as slaves of government,even they entered into religion by becoming nuns or Taoist priest.In addition to the “Shou-nu”,the punishment methods of “An-zhi” and “Mo-guan”,which were frequently applied during the campaign of suppression of the rebellion of military governors,were also prominent.

Key words: Tang Dynasty, Women, Litigation, Redress Injustice