唐律“七出”中的妇女利益维护:从无过者到无助者  

The Safeguards of Women's Interests in“Qi Chu”in the Tang Code: from Those Who Never Did Wrong to Those Who Had No Help

作　　者：崔兰琴[1] 

机构地区：[1]浙江工商大学法学院,浙江杭州310018

出　　处：《妇女研究论丛》2014年第4期63-72,79,共11页Journal of Chinese Women＇s Studies

基　　金：国家社科基金项目"古代中国婚变中妇女利益维护的司法模式研究"(项目编号:12BFX025);教育部人文社会科学研究规划基金项目"中国古代婚姻变动中的妇女权益保障机制及其理念研究"(项目编号:11YJA820010);国家留学基金地方合作项目(项目编号:[2013]5045)的研究成果

摘　　要：唐律中的"七出"并非忽视妇女利益的维护。相对于男子的自由休妻,"七出"可以为男子休妻划定界限,矫正任意弃妻之风,客观上保护了妇女的婚姻。唐律"七出"适用的前提条件是禁止男子无故出妻,维护了婚姻中无过错的妇女。即便"七出"允许男子休妻,但同时又受"三不去"的限制,从而尊重婚姻生活中有功的妇女,并为弱势的、无助的妇女提供保障。＂Qi Chu＂ was the most common divorce institution in ancient China. It first appeared in the Confucian classics and became a formal institution in Tang dynasty. As a matter of fact, ＂Qi Chu＂ did not ignore women＇s interest entirely. ＂Qi Chu＂ allowed the husband to divorce his wife based on seven reasons and restricted the previously unlimited power of the husband to divorce his wife and in actuality, sheltered women＇s marriage. According to the Tang Code, the essential prerequisite of applying the ＂Qi Chu＂ is to prohibit the husband from arbitrarily divorcing his wife and in effect, safeguarded wives who did nothing wrong. Though the husband was able to divorce his wife by the institution of ＂Qi Chu＂, the rule of ＂San Bu-Qv＂ restricted him from divorcing women and instead made him respect women who conducted good deed for the his family and protect the interests of the weak and helpless women.

关 键 词：七出 三不去 唐律 无过 无助 

分 类 号：D442.9[政治法律—政治学]