清代刑科档案中“妻犯夫”现象的考察

摘要

The Qing Code shows the primacy of the husband right and chastity made the spouse relationship noble and humble. The spouse relationship is a complex relationship, so the cases that the wife infringed her husband were in an blooming trend. In the criminal division files, the wife infringed her husband in different ways, namely, to flee, to do the adultery, to force her husband to suicide, to sue her husband, to kill her husband and so on. In general, the causes include: pressure from the life, coercion from others, his wife’s aggression and so on, of which the most common one is adultery and abuse by her husband in advance.%清代的夫妻关系近乎由夫的权利与妻的义务所构成，但夫妻关系毕竟是一种复杂的社会存在，因此刑科档案中妻犯夫也多有发生。清代妻犯夫的方式有背夫逃亡、和诱、逼迫夫自缢身死、告夫、杀夫等五种，究其缘由，或因生活所迫，或受他人裹挟，亦有妻逞凶行恶，而其中最常见的是被奸情所困与被夫虐待、欺骗、强迫等。