论文部分内容阅读
民国法律规定夫妻互负贞操义务、配偶互有告奸之诉权,第一次终止了传统社会对妇女存在的不平等待遇。那么,民国女性配偶在司法实践中又是如何诉诸法律维护其婚姻的呢?本文选取了民国广东新会妻告夫妨害婚姻的诉状作为考察对象,以诉状的话语为载体,试图从文化的角度解释民国社会转型时期女性诉状中的以下言说特征:现代法律诉求与传统婚姻形式的共存;多重复调叙事模式的运用:诉诸法律、法情结合,礼治秩序下的道德观与法治秩序下的女权意识等意识形态的竞合,传统的非道德化控诉与现代的据法争讼等诉讼策略的并举;女权符号下的生存伦理诉求;最后,基于相对整齐划一的诉状模式,追问了诉状的作者是谁;进而揭示了民国转型时代诉状话语的变化与社会变迁之间的关系,同时也表明传统法律的让位并不等于传统社会的让位。
The law of the Republic of China stipulated that husband and wife should take the responsibility of mutual chastisement and that the spouses have the right to sue each other for the first time, terminating the unequal treatment of women existing in traditional society for the first time. Then, in the practice of the Republic of China, how did the spouses of women in the Republic of China resort to the law to maintain their marriage? This article chooses the complaint filed by the Guangdong Xinhui Wife as a victim of marriage as the object of investigation and the discourse of the petition as the carrier, Explain the following characteristics of the female petitions during the period of social transformation in Republic of China: the coexistence of the modern legal appeal and the traditional form of marriage; the use of multiple polyphonic narrative patterns: resorting to law and integrating the legal conditions with the moral norms and the rule of law under the order of the Rule of Rites Such as women’s rights awareness and other ideological competing, the traditional non-moral complaint and the modern lawsuits and other litigation tactics simultaneously; under the symbol of women’s rights and survival ethics appeal; Finally, based on a relatively uniform pattern of complaints, asked the petitions And then reveals the relationship between the changes of the petitions discourse and social changes in the transitional era of the Republic of China. At the same time, it also shows that the concession of the traditional law does not mean the concession of the traditional society.