清代403宗民刑案例中的私通行为考察

An examination of Extramarital Affairs on the basis of 403 Civil and Criminal Cases of the Qing Period

男女私通在清代司法审理中占有相当的比重 ,表明它已构成当时不可忽视的一个社会问题。本文就当事者的年龄、婚姻、家庭状况以及他们之间的关系进行了数量统计和对比说明。根据案例的内容 ,把私通原因归纳为出于感情、家境困难或缺乏劳力、带有某种挟制性通奸和其他四大类 ,其中以前两类案例量最大、情况最复杂。并对私通产生的后果 ,传统道德、政府法律、婚姻家庭制度与私通的关系等等做了探讨。

The high percentage of extramarital affairs among cases tried in the Qing courts establishes the fact that such relationship had become a social problem that should not be underrated. In this paper the author presents statistics on the ages, marital states, and family situations of those involved, as well as the relationship between each couple, and then compares the cases. Based on an analysis of the specific aspects of the cases, the author divides the reasons for these extramarital relations into four categories: emotional, difficulties encountered by the family or lack of an able bodied man in the household, coercion, and others. Cases involving the first two categories were the most complex, and the situations they involved were the most complicated. The consequences of these extramarital affairs, their relationship with traditional ethics, the official law, and the institutions of marriage and the family are also discussed.