清至民国的蓄妾习俗与社会变迁

【作者】 程郁；

【导师】 樊树志；

【作者基本信息】 复旦大学 ， 中国古代史， 2005， 博士

【摘要】 本文主要讨论如下几个问题：1)在清刑法中处于卑贱地位的妾，是否具有一定的民法权利?有关妾的法规，在民国时期发生了怎样的变化?2)从清至民国，蓄妾方式及妾的地位发生了怎样的变化?3)蓄妾为何得以长期存在?其后有怎样的社会心理及社会背景?本文的结论是：依清之刑法，妾与夫、妻相较，处于卑贱的地位；但生有子女的庶母或庶祖母，还是拥有尊属的地位。民国时期，妾与家长之间不再被视作婚姻关系，但被认作有效的契约关系。作为家属之一员，妾所具有的私产持有权、被赡养权与一定的遗产继承权等，基本承自清代的法律与习惯。从清至民国，妾的身份地位逐渐有所提高，因而民国时有关的民法规定更注意保护妻的利益。蓄妾在客观上起到制约妻的作用，有利于家父长制的统治与宗族的繁衍，尽管儒家理论主张抑制男女双方的欲望，但又必须保护男性单方面的性权利，于是蓄妾成为其间的妥协之举。更多还原

【Abstract】 The following subjects are expounded in this dissertation: Did concubines, who were inferior to wife in criminal law in Qing Dynasty, enjoy certain rights in civil code? How did the statutes on concubines adjust itself during the period of Republican China? How did the way of concubine-taking and the rank of concubines change from Qing Dynasty to Republican China? Why could the custom of concubine-taking exist for so long? What was its social and psychological background?Conclusion: By the criminal law in Qing Dynasty, a concubine was inferior to husband and wife. But a concubine with son or grandson could enjoy somewhat respects in family. The relations between a concubine and the patriarch were no longer treated as a marriage but as a contract during the period of Republican China. As a member of the family, a concubine could enjoy the property rights, the right of being supported and the right of heirdom. All of these rights were originated from the laws and customs in Qing Dynasty. The status of concubines were improved gradually in late Qing and early Republican China. That’s why the rights of wife were reemphasized in civil code in Republican China. Taking a concubine could contain the power of a wife. It was helpful to the rule of patriarchy and to the multiplying of a clan. In Confucianism, both male and female shouldn’t indulge in carnal pleasure without restrain. In spite of such assertion, Confucianism was also in favor of man’s unilateral right of sexuality. So concubine-taking provided a compromised solution to this dilemma.更多还原