從”親眷申冤”到”刑及妻孥”：論唐代刑事訴訟中的女性

From 'Relatives Appeal' to 'Punish Families' : The Women in the Criminal Litigation during the Tang Dynasty

在唐代刑事訴訟中，女性時常覆行代訴、申訴、舉證等訴訟職責，並可能因宗族親緣關係而承擔刑事連帶責任。女性為昭雪宗親冤屈，時常伏闕直訴，且多與纏訴或自刑等非常行為伴生始終。女性群體基於禮教高於法律之基本認識，以孝義親倫名義裏肋、綁架律典的現象得以長期存在。唐代司法實踐中存在收怒罪人出家女眷的現象，罪犯妻女即使隱遁修持，亦難逃沒官厄運。

In accordance with the criminal proceedings of the Tang Dynasty, women were frequently involved in representating parties in litigation, appealing and adducing evidence as well as bearing joint criminal responsibility which was caused by clan ties. It was quite popular for women to redress injustice by persistently conducting some extreme acts such as non-proceeding complaint to the emperor himself, repetitive litigation and self-mutilation. Women as a special group in the community were educated with morality which was superior to law and usually pursued their justice by ignoring codified law. This was a quite common phenomenon in a long run.In the judicial practice of the Tang Dynasty, the family members of a criminal were also punished. Therefore, a criminal's wife and daughters could hardly escape from 'Shou-nu' in which they would be seizured as slaves of government, even they entered into religion by becoming nuns or Taoist priest. In addition to the 'Shou-nu', the punishment methods of 'An-zhi' and 'Mo-guan', which were frequently applied during the campaign of suppression of the rebellion of military governors, were also prominent.