摘要
民国时期未形成强大的反蓄妾社会舆论。北洋政府时期,家长与妾的关系为合法的契约关系;作为家属之一员,妾在具有私产持有权、被赡养权与一定的遗产继承权等的同时,对家长承担着保持贞操的义务。南京政府时期,在法律正文中去除了妾的字样,1935年修订刑法后,未得妻之许可的蓄妾被视为通奸;妾的家属身份被司法解释承认;某些法律规定说明妻妾地位对比发生了变化。
The powerful public opinion on opposing keeping concubines didn't come into being in Republi-can China. In the reign of Beiyang Government, the relationship between patriarch and concubineswas legal contract relationship; as a member of family, while enjoying the rights of keeping privatefortunes, being supported, and the limited right of inheritance, concubines beard the duty of re-maining chaste to husband. In the period of Nanjing Government, the word of concubine was elimi-nated in the text of law. After modifying criminal law in 1935, keeping concubines without agree-ment with wife was regarded as committing adultery; the status of concubine as family member wasacknowledged by judicial explanations. Some laws showed that the balance between the status ofwife and concubine had changed.
出处
《史林》
CSSCI
北大核心
2002年第2期74-83,共10页
Historical Review
