清代女性自杀案件的司法审理与性别隐喻——以巴县档案为中心  

Judicial Proceedings and Gender Metaphors of Women’s Suicide Cases in the Qing Dynasty:A Study Based on Baxian Archives

作　　者：毛立平[1] Mao Liping(The Institute of Qing History,Renmin University of China,Beijing 100872,China)

机构地区：[1]中国人民大学清史研究所,北京100872

出　　处：《浙江大学学报（人文社会科学版）》2022年第10期106-119,共14页Journal of Zhejiang University:Humanities and Social Sciences

基　　金：中国人民大学学术成果征集项目(202230103)。

摘　　要：学界对女性自杀问题的研究,多集中在与贞洁相关的自杀行为,对于贞洁原因之外的自杀行为则关注甚少。清代巴县档案中的86件非贞洁类女性自杀案件,记录了那些因家庭琐事而自杀的中下层女性,她们看似难以理解的自杀原因背后,往往体现出其较低的家庭和社会地位以及难以摆脱的生存困境。夫家亲属、官员往往对女性自杀持不解和反感态度,认为她们的做法有亏妇德并诱发了不良社会风气。尽管女性自杀多属“无判罚”类案件,但报官并履行司法流程对家属而言还是非常必要的。当因不关注导致的不理解使清代男性以及家庭长辈无法对女性自杀行为给出合理解释时,他们往往将其归咎为“遭遇邪祟”,这也是女性自杀问题在社会和司法层面蕴含的深刻而独特的性别隐喻。On the topic of suicide in women,existing researches in academia primarily focuse on chastity-related suicidal behaviors.However,less attention has been paid to suicides due to other reasons.The Sichuan Baxian Archives recorded 86 women suicidal cases in the Qing Dynasty that were not related to chastity,describing women who committed suicide because of trivia of life.Family conflicts,neighbor disputes,and the combination of poverty and illness were the main factors that caused suicide in women,while hanging and poisoning oneself were the major means by which suicides were committed.The fact that these seemingly trivial things led to suicide insinuates the relatively low family and social status of women and the difficulties they faced in life.The Qing government stipulated that homicide cases(including suicide)must be reported to the local governments.According to the archives,most of the public showed knowledge of this stipulation and took similar actions after discovering the suicides of women.First,they would notify the relatives of the dead and the village elders to examine the scene and report the case.Then,they waited for government officials’autopsy.Finally,the county magistrate would lead a trial,form a court filing and close the case.Although most of the women suicides recorded in the county archive were“no-penalty”cases,they were confirmed suicides and no one should be penalized,it does not mean that their deaths were not related to any other people.The women who committed suicide were either abused by family members or desperate due to their inability to claim their rights(including the right to live).Nevertheless,from the officials’perspective,as long as the case did not meet the criteria of“threatening someone to death”,as the Qing law stated,the death of the women would fall into the category of“not related to others”.During the judicial process,the husband’s family was often busy reporting the case and disassociating themselves from the suicide,whereas the natal family often requ

关 键 词：清代 女性 自杀案件 司法审理 性别隐喻 巴县档案 

分 类 号：K249[历史地理—历史学] D929[历史地理—中国史]