论唐律中的亲属相犯惩罚制度——兼论我国《反家庭暴力法》的制定

Research on the Tang's Relatives Crime System——Concurrently on the Formulation of "Anti-Domestic Violence Law" in China

我国古代的亲属相犯惩罚制度源远流长。亲属相犯指的是亲属间的侵犯行为,这些行为包括詈骂、殴打、杀伤、强奸等。唐律中的亲属相犯惩罚制度规定得很细,对亲属相犯行为处罚很重,这样做有其深厚的儒家伦理基础。当代家庭暴力与唐律中的亲属相犯既有共性又有差异。唐律中的亲属相犯惩罚制度可以为我国当代反家庭暴力立法提供有益的借鉴。

The most glorious period of ancient law is the Tang Dynasty in the history of China. The Tang Dynasty Code made detailed rules on the relatives phase which was followed by the following dynasties of the Song, Yuan, Ming and Qing. This paper first defines the concept of relatives crime and its legislative origin which refers to the relatives to swear, beat, destruct, rape and other means, cau sing some damages to the infringement of family members. Then the paper further analyzes legal regulations of relatives crime from three aspects of relatives assault, property violations and other violations of the rights, pointing out our law has a different ethical punishment on the relatives crimes in the Tang Dynasty. In the end, focusing on the popular concerning problem of domestic violence at present, it comparatively analyzes similarities and differences between relatives of contemporary family violence and relatives phase of the Tang Dynasty according to China＇s anti domestic violence law＂ in order to provide a useful reference for the relevant legislation in China.