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唐宋时期的通奸中往往出现因其所发生的杀伤犯罪,本论文主要考察到宋代朝廷如何处理“有夫者”通奸中发生的“谋杀其夫”案件。特别是关注了在“因与人奸致夫于死”的情况下,即“奸人(奸夫)杀其夫”的情况下法官怎样处罚“奸妻”的问题。本文以神宗元丰六年(1083)在邵武军发生的阿陈案件、孝宗淳熙六年(1179)前后在南康军发生的阿梁案件及光宗绍熙元年(1190)前后在舒州发生的阿王案件为例,考察了两宋对“奸妻”处罚的法律规定、在司法现场中的相关判例以及其中的法律论争。
In the Tang and Song dynasties adultery often occurred because of their killing and killing. This paper mainly examines how the Song court dealt with cases of “murder of husband and wife” occurred in adultery. In particular, it focuses on the issue of how the judge punished “raping his wife” in the case of “killing one’s husband and wife because of being raped by one person”, that is, “when one rapist kills one’s husband”. Based on the case of A-Chen in Shaowujun during the six years of Emperor Shenzong’s reign (Yuan Dynasty) and the case of A-Liang in Nankang Military Academy before and after the reign of Emperor Hsiao-tsun Chun-Hsi (1179) and the first year (1190) As an example, the case of the King of Assumption occurred in the Song Dynasty examined the legal provisions on the punishment of “rape wife ” in the Song dynasties, the relevant jurisprudence in the judicial scene and the legal dispute among them.