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《唐律疏议·名例律六》中有言:贱人奴婢,律比畜产。意思是说唐代的私属奴婢是为主人的私家资产,归于本主所有,其社会地位极为卑贱。在唐代,奴婢不仅没有人身自由,其法律地位也低于良人一等。在《唐律疏议·斗讼律》中明确规定,若奴婢杀害主人,是为十恶中的大逆之罪,不可得到赦免。而“主殴杀部曲”只服徒刑一年,处罚很轻。唐朝晚期有一个叫鱼玄机的著名女诗人,因被官府查出擅杀其侍婢绿翘而被判处死刑,这个案子的最终判决与唐律中的规定南辕北辙。本文通过探讨唐律中有关良人戕婢的律文和当时所处的社会环境,解密鱼玄机案背后的真相。
There are words in the law of Tang Dynasty: Namely slut slaves, law than livestock. The meaning is that the private slaves of the Tang Dynasty is the owner’s private assets, owned by the owner, its social status is extremely humble. In the Tang Dynasty, slaves not only did not have personal freedom, and their legal status is also inferior to elite. In the “Law of Tang Disputes and the Law of Obstacles”, it is clearly stipulated that if slaves slaughter their masters, they are the sinful sin of the ten evil and can not be forgiven. And “Lord beat assassination ” only served one year imprisonment, the punishment is very light. In the late Tang Dynasty there was a famous poet named Yu Xuanji, who was sentenced to death for being found guilty of killing his maidservants because of a government official’s prosecution. The final verdict in this case is diametrically opposed to the one in Tang’s law. This article explores the truth behind the case of Yu Xuan by studying the law of the Tang dynasty and the prevailing social environment.