中国古代妇女缘坐及刑罚  

Women's Yuanzuo System and Punishments of Ancient China

作　　者：何燕侠[1] 王慧[1] 

机构地区：[1]大连大学法学院,辽宁大连116622

出　　处：《大连大学学报》2014年第5期28-31,共4页Journal of Dalian University

摘　　要：缘坐,是中国古代因一人犯罪而株连其亲属和家属的制度,是一种基于家族血缘关系而产生连带责任的刑罚制度。缘坐主要适用于谋反、谋叛、大逆不道等危害皇权的重大犯罪。因家族中有父兄犯罪,祖母、母亲、妻子、女儿、姊妹也要受到株连,特别是出嫁女即要受到父亲家族的缘坐,还要受到丈夫家族的缘坐,是"一人之身,内外受辟"。对妇女缘坐的刑罚有弃市(死刑)、没官(收为官奴婢)、给功臣家为奴、流三千里等。在中国古代不同的历史时期妇女缘坐范围有逐步缩小、处罚逐步减轻的变化。Yuanzuo System（Penalty System of Collective Punishment）, is an ancient Chinese collective punishment, which the relatives and family members were implicated because one person committed a crime. It was a kind of criminal law system based on family blood relationship and produced related liability. Yuanzuo System （Penalty System of Collective Punishment） was mainly suitable for rebellion, conspiracies, treason and other major crime, which might be harmful for imperial power. If fathers or brothers committed crimes, grandmother, mother, wife, daughter, sister also were implicated by collective punishment, especially married women that was subjected to the father＇s family’s implication, so did the implication of her husband’s family, she was＆quot;a person of the body, inside and outside of the punishment＆quot;. Punishments of women＇s implication included public execution, confiscation and to be slaves for meritorious ministers, to exile three miles, etc. In different historical periods of ancient China, the scope of women’s implication had gradually narrowed, punishments gradually were alleviated.

关 键 词：族诛 缘坐 女性缘坐 

分 类 号：D909.92[政治法律—法学理论]