明代「謀反」事件中婦女緣坐之研究

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题名:	明代「謀反」事件中婦女緣坐之研究
作者:	侯嘉琪;HOU, CHIA-CHI
贡献者:	歷史研究所
关键词:	緣坐;連坐;謀反;宗室犯罪;司法審判;Yuanzuo;Lianzuo;Rebellion;The imperial clan’s crimes;Judicial trial
日期:	2017-10-20
上传时间:	2018-01-16 11:13:27 (UTC+8)
出版者:	國立中央大學
摘要:	緣坐制度發展到明代，相較於早期夷三族、族誅等範圍大、量刑嚴苛的情形已有許多改善。本文以明代婦女在「謀反」事件中的緣坐情況為討論重點，並觀察其演變。在朝代演替下，《大明律》所訂定家庭成員需連坐的罪名其實不多，但婦女從坐父親、丈夫的案例卻不少，甚至處置方式也常與律法規定有所出入。《大明律》規定謀反罪中，涉案者家屬應給付功臣為奴，然自洪武朝的胡惟庸、藍玉案，到「靖難之變」後成祖所主導的「壬午殉難」中，緣坐婦女除予功臣為奴，分配至教坊司、浣衣局，給配官兵，甚至配奴隸為妻等皆為常見之處置。這些受害的婦女雖然不是直接遭受生命的威脅，但她們日後的境遇並不輕於死亡。明代天順朝後的「謀反」事件，緣坐婦女的處置逐漸合乎法制，不過這樣的情形卻也受權力者的意願左右，身分更僅限於犯者為官、民之家屬，宗室婦女則多隨犯罪宗室一同受到禁錮，直至犯罪宗室本人故去，才有被釋放的機會。;Comparing to spread and harsh sentences in the early days such as the extirpation of three generations and zuzhu, the Yuanzuo System had developed and improved a lot in the Ming Dynasty. In this thesis, I put emphasis on the discussion of the women who were sentenced to Yuanxuo due to “rebellion”, and observe variations of the sentenced women in the Ming Dynasty. As time went by, “Da Ming Lu” stipulated rarely that the families had to lianzuo. However, the women were often involved in their fathers’ or husbands’ guiltiness. Moreover, the ways of punishment are often different from the law. According to “Da Ming lu”, the offenses of rebellion regulated that the prisoner’s relatives should be slaves to the meritorious officers. Since Hu Weiyong and Lan Yu events in the Hongwu dynasty, after “Jingnan Incident” and “Martyrdom” were led by Chengzu, it is common disposal that guilty women were not only slaves to the meritorious officers, but also assigned to the Jiaofangsi, Huanyiju, officers, soldiers, they were obliged to be salves’ wives. Although the sufferers’ lives were not threatened directly, their fortunes were not better than death. After the Chenghua dynasty, the felonious females were gradually legal in rebellion incidents. However, the rules were subjected to the authority′s intentions. The identifications were restricted to the criminals who were the officers’ and the civilians’ families. The noble females were in jails with the culpable royal families. They had the opportunity to be released until the criminal royals died.
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