清末修律对女性犯罪的宽宥

On the Condoning of Female Crime by the Law Revision in the Late Qing Dynasty

清末的司法改革,将民刑案件分开,完善了司法审判程序。通过交罚金、收所习艺、去除凌迟以及一系列酷刑等措施,使得这一时期对犯罪女性的惩罚环境较为宽松,成为女性犯罪增加的原因之一。清末新律,尤其是新刑律,对女性的一些典型犯罪如性犯罪、拐逃罪和殴杀罪等进行了减轻处理。然因新律触犯了一些纲常伦纪,引发了守旧人士的反对,争论主要围绕女性的一些事关风化的问题。新律虽然因清末政局动荡未能有效施行且遭到了质疑,但在民初得以推动,使得女性获得了相应的法律身份和话语权,为女权运动的深入人心打下了良好的基础。

The judicial reform in the late Qing Dynasty separated the civil and criminal cases and improved the judicial procedure. By paying the fine, collecting the skills and removing the torture, the punishment environment for female criminals in this period was more relaxed, which increased the incidences of female crimes. The new law in the late Qing Dynasty, especially the new criminal law, alleviated some typical crimes of women, such as sex crimes, fleeing crimes and assault and murder crimes. However, because the new law has violated some norms and customs, it has triggered the opposition of the old-fashioned people. Although the new law was not implemented effectively because of the political turmoil in the late Qing Dynasty and was questioned, it was promoted in the early Republic of China, which enabled women to obtain the corresponding legal status and the right to speak, and laid a good foundation for the deep penetration of the feminist movement.