“妇人无刑”质疑

Questions in “No Penalties on Women”

对于《左传》"妇人无刑"之语，绝大多数学者都认为历史上实有其制，从而有不为妇女制刑、妇女无黥刖等内刑、妇女无宫刑、对妇女不妄施公开刑罚等不同见解。然而，这些说法都是难以成立的。传世文献与出土的秦汉简资料证明，不论在先秦，还是在秦汉，皆不存在"妇人无刑"之制。"妇人无刑"是作《左传》者对齐庄公杀戎子并陈尸于朝之事的议论，只能反映议论者的个人理想，而无任何事实依据。

Most scholars took the clause in Zhuo Zhuan of no penalty on women as the real historic fact, but the view has no ground. According to the documents handed down from ancient time and unearthed documents of Qin Han, neither Qin nor Han had the rule of no penalty on women. The clause was the personal idea of the author of Zhuo Zhuan which expressed his idealism as well as his opinions about.the penalty system of the time, but no historic ground.