“听妻入狱”的传统内涵与现代意义——以“听妻入狱”和同居会见制度的比较为分析路径

On the Traditional Implication and Contemporary Enlightenment of Permitting Prisoner's Wife Conjugating with Him in Jail——Comparing Permitting Prisoner's Wife Conjugating with Him in J ail and Conjugal Meeting

东汉出现的"听妻入狱"是办案官员允许已婚无子的死刑囚犯之妻入狱与其同宿,以便能留下子嗣。今天的同居会见是针对服刑人员实行的一种会见制度,两者既有相似之处,又有本质不同。通过这两种古今囚犯处遇比对,有助于对今天的陷入困境的同居会见制度进行重新审视。

The prisoner＇s wife was supposed to bear sons before his execution in order to carry on the family line,so the case-handling officials allowed them to conjugate in jail in the Eastern Han Dynasty.Currently,there is kind of system of permitting prisoner＇s wife conjugating with him,but not bearing children,in jail,which is system of conjugal meeting for the prisoner.There are both similarities and differences between the two systems.By comparison of the two systems,we can re-examine the weakness of the current system of conjugal meeting which has got into trouble.