清“妻妾殴夫”条体现的刑法文化

Culture of the Criminal Law Embodied in Wives and Concubines Mauling Husband in Qing Decrees

清代自乾隆5年(公元1740年)颁布《大清律例》后,司法官员便以其作为断案的主要法律依据。专门规定在《刑律·斗殴下》中有关"妻妾殴夫"的行为是法律禁忌。在以夫权为中心、家族主义至上的封建社会,妻这种"自绝于天"的行为不论给丈夫造成死或残哪种后果,在家庭伦常中都是最严重的犯罪,故法律专门设"妻妾殴夫"条制裁此类犯罪。本文试从法条本身出发,挖掘法条中蕴含的刑法文化。

After Qing Decrees were promulgated since the fifth year of Qianlong reign,judicial officials used them as the main legal basis while trying a case.In the Crime of Affray in Criminal Law,the behavior of wives and concubines mauling husband was regarded as legal prohibition.In the feudal husband-centered with the supremacy of familism,the behavior was the most serious crime no matter it could cause their husband dead or hurt.The behavior of wives and concubines mauling husband was regulated as illegal to punish the crime.This article explores the culture of criminal law embodied in the Qing Decrees.