摘要
本文考察了自漢至清「妻毆夫夫毆妻」律之沿革，指出沈家本所謂明清該律「夫則改輕，妻則改重」的結論是合理的，即明清律對「妻毆夫」科刑重於唐律，而對「夫毆妻」科刑輕於唐律。結合清代刑科題本中夫毆殺妻實例，在中下層家庭中，當夫妻因瑣事偶發衝突時，丈夫會對妻子頻施暴力，由此引發大量夫殺妻案。本文傾向於認為，明清「妻毆夫夫毆妻」條科刑失衡，是誘發大量夫毆殺妻案的重要原因。清末修律能輕易廢除體現「夫為妻綱」的「妻毆夫夫毆妻」律，不僅因為西方法傳入，也是清代社會內部對該律之弊病已有認識和反思。
The paper confirms Shen Jiaben's view by analyzing the legal provision on marital beating since Han Dynasty to Qing Dynasty. Shen Jiaben thought that the punishment about marital beating in Ming and Qing Dynasty was lighter to husband and heavier to wife compared to that in Tang Dynasty. An analysis of the Qing criminal case reports found that husbands frequently beat wives for family dispute in Qing lower-middle-class family, which caused a lot of uxoricide case. The paper tends to conclude that same crime with different punishment between husband and wife mainly caused the consequence. The legal provisions were finally abolished in late Qing Dynasty, although it fit in with the social ideas of husband's superiority. The abolished reason is the western law's introduciton, and man of late Qing also had realized and wanted to correct it.
關鍵詞
妻毆夫夫毆妻律、夫妻關係、禮法之爭
the legal provision of Qing Dynasty on marital beating、conjugal relation、debate of Law and Rite
