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頁籤選單縮合
題 名 | 婦女無知?清代內府旗婦的法律地位=Ignorant Women? The Legal Status of Qing Bannerwomen |
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作 者 | 賴惠敏; | 書刊名 | 近代中國婦女史研究 |
卷 期 | 11 2003.12[民92.12] |
頁 次 | 頁1-45 |
分類號 | 544.52 |
關鍵詞 | 旗婦; 法律地位; 離婚; 財產權; Bannerwomen; Legal status; Divorce; Property; |
語 文 | 中文(Chinese) |
中文摘要 | 在傳統歷史上女性多半沒有聲音,唯一能聽到女性聲音為司法訴訟的口供。在訴訟案中婦女若勝訴,官方依照《大清律例》來處分男 性被告。相反的,若婦女敗訴,遭處分的情況不多,官吏是以「婦女無知,免議」來作判決。法律上認定婦女無知不予以處分,意涵著縱容, 婦女卻利用此特權再三提出控告,不達勝訴決不罷甘休。 內府旗婦是皇帝的奴僕,服務於宮廷,因此清朝的皇帝特別保障她們的法律地位。第一、未婚女子在年滿十三歲時必須參加挑秀女 活動,入選者進皇宮當差,父母將她們隱匿或販賣,依法處以杖責。第二、丈夫欲與妻子離異必須因妻子犯姦或行為不檢點證據確著,否則處 以杖責。其次,夫妻口角,導致妻子自殺,妻方的家屬提出控告,丈夫被處罰杖刑。第三、一般漢人婦女不准上公堂,須由家人代為呈控。但 是內府旗婦遇有任何細故,隨即上公堂呈控,慎刑司官員得馬上辦理。第四、寡婦難以為生時透過訴訟程序,要求親屬養贍,其親屬出具甘結 有法律效力。第五、已婚的婦女入宮當僕役,她們的薪水可以當私產,若有人覬覦她們私產,可透過法律訴訟保障財產。 |
英文摘要 | Historically the majority of women had no voice, and private lawsuits are the only place where are we hear women's voices. If a woman won a lawsuit against a man, the official would punish the accused male according to the Qing Code (Da Qing luli). On the other hand, when women lost their lawsuits, not many were punished, because officials invoked the principle of “ignorant woman, avoid punishment” to decide the case. Paradoxically, legally maintaining that women's ignorance was grounds for avoiding punishment, women could use this special privilege to repeatedly make accusations; even if they lost in court they were not willing to give up. Bannerwomen in the Imperial Household were bondservants of the emperor who worked in the palace, and because of this the Qing emperors diligently protected their legal status. First, at the age of thirteen unmarried women were required to participate in a “beauty contest” and those who were selected became servants in the palace. If their parents tried to hide them or sell them, they were punished by floggig according to the law. Second, if the husband of a bannerwoman wanted a divorce, he had to present evidence of adultery or improper behavior or be punished by flogging. Also, if a quarrel between a husband and wife led to the wife's suicide, the husband was punished by flogging. Third, the average Han Chinese woman was not permitted to go to court. Only a family member could file a complaint on her behalf. However, Imperial Household Bannerwomen could personally file complaints for and reason, and judicial officials had to handle them immediately. Fourth, widows in financial straits could go to court and demand support from their relatives because their relatives had a legal obligation to support them. Fifth, the salaries of married women who entered the imperial court as servants were their private property. If others coveted their property, they could sue to obtain legal protection of their wealth. |
本系統中英文摘要資訊取自各篇刊載內容。