语言接触视阈下“重婚”的词义演变

A Study of the Evolution in the Meaning of "jūkon" from the Perspective of Language Contact

在古代汉语和日语中,都可见“重婚”一词用例,意思是亲。上加亲或重新婚配,再次结婚。1871年,日本司法省官员城井国纲在制定日本首部近代民法典时给该词赋予了已有配偶而又与他人结婚的近代法新义。此后,新义词“重婚”与其他同义表述竞逐十余年,最终因为被日本首部近代刑法和民法使用得以于1890年正式固定在日语中。同年,“重婚”新义通过黄遵宪编著的《日本国志》(1890)传入中国。1935年,其旧义正式被新义取代,“重婚”完成了从日常用语向法学术语的转变。

In ancient Chinese and Japanese, there are many use cases of "chonghun" or "jūkon". The word was used to express "intermarriage by several marriages between families" or "remarriage after divorced or widowed". In 1871, an official with the Ministry of Justice of Japan, Shiroi Kokusuna, gave the word a new meaning in modern law as "the offense of marrying someone while someone has a living spouse from whom no valid divorce has occurred" when he formulated the first modern civil code in Japan. Since then, the new meaning of "jūkon" co-existed with other synonymous expressions for more than ten years,and was eventually formally fixed in Japanese because it was adopted by Japanese first modern criminal code and the first modern civil code in 1890. At the same time, the new meaning of "jūkon" or "Chonghun" was introduced to China through the Ri ben guo zhi(1890) edited by Huang Zunxian. In 1935, the old meaning was formally replaced by the new meaning, and "Chonghun" completed the transformation from daily language to legal terminology.