生存、协理与代管:中国古代女性的权力

Survival,Assistance and Administration for Others:Chinese Women's Rights in Ancient Times

在中国传统社会中,女性在家从父、既嫁从夫、夫亡从子的“三从”绝不是被动的、坐享其成的“三靠”,而是中国女性特有的共有制度下的生存权、父权制下的协理权和祖权制度下的代管权的另一种表现形式,这几种权利是建立在自给自足小农经济基础之上的血缘拟血缘共有制的产物,主要靠人治加以维护。由于维护的成效直接关系到社会稳定,所以,历代执法者不敢掉以轻心,往往是依照传统的习俗和范例来灵活处理。

In the traditional society of China in the past, the women＇s three obediences, that is, obedienee to one＇s father before marriage, to one＇s husband after marriage and to one＇s son after the husband＇s death, were not passive or dependable but another representation of the survival right under the special shared system of the Chinese women, the assistance right under the patriarchal system and the administrative right for others under the inheritance system. These rights were the products of the small - peasant self - sufficient economy based on the consanguineous shared system and controlled by special men. Because the maintenance of these rights was directly related to the stability of the society, all the law - executors were serious in treating the related matters by following the traditional practice and typical cases.