摘要
本文以7至8世紀的唐代律令為核心，側重於離婚法規。如象徵夫方單意離婚的「七出」，或由官府主導實施兩造隔離之強制政策──「義絕」，並討論婚姻無效和訴請離婚，全面地考察離婚法之各種樣態。亦探討唐人婚姻中，公權力強制兩造離異，婚姻無效之認定。最後，關於離婚效力之法定程序，以及離婚後女性處境等問題，亦一併論及。
This thesis aims to explore the statutes of T'ang Dynasty in the 7th and 8th centuries with emphasis in divorce codes and ordinances, such as “Chi-Chu” – seven causes of divorcing one’s wife, a typical divorce at husband’s discretion – or “Yi-Chueh” –conviction of any of the following crimes: violence to, adultery with, and assaulting in-laws or relatives, a compulsory policy dominantly enforced by government agency, in order to examine the various aspects of the divorce codes and ordinances by discussing the cases of invalidated marriage and divorce to decree.
Furthermore, the thesis also explores the marriages in T'ang Dynasty in which codes or ordinances imposed by the public authority compelled married parties to divorce. And how was the invalidation of a marriage officially recognized? What were the exceptional cases to the normal divorce act? Finally, this thesis also discusses issues such as legal proceedings to file a divorce and the situations that divorced woman had to face.
關鍵詞
唐律、律令制、離婚法、棄妻、七出、義絕
T'ang code, statute system, divorce law, abandoning the wife, Chi-Chu (7 causes of divorce) and Yi-Chueh (Conviction of crimes affecting in-laws)
