论堕民的内婚制及其向外婚制的蜕变

A Study of the Transformation from Endogamy to Exogamy of Pariahs

堕民的婚姻尚无专文予以论述。以往著述涉及堕民婚姻时,仅以良贱不婚、堕民自相配偶的内婚制概述。本文从《大明律》和《大清律例》寻找良贱禁止联姻的法律根据,以具体的案例探讨堕民自相配偶的内婚制乃天经地义,平民与堕民联姻实行外婚制则以沦为贱籍严惩。民国以后,平民与堕民的内婚制禁忌开始打破,直到改革开放后,良贱禁止通婚的外婚制的坚冰才彻底消融。

The study of pariahs is the weakest field of academic research,hence a lack of literature about their matrimonies.When it comes to the endogamy,previous works tended to summarize that pariahs were forbidden to intermarry with civilians.The paper tries to search a legal basis for the ban on intermarriage between pariahs and civilians stated in Law of Ming Dynasty and Law of Qing Dynasty,introducing the validity of endogamy of pariahs’marriages and the deterrent punishment for exogamy of pariahs and civilians through typical cases.After the Republic of China,the taboo of endogamy of pariahs and civilians was removed.Since the reform and opening-up,the ice of exogamy has been thoroughly broken.