唐代的「典賣妻女」現象－以律令為中心

人口買賣，尤其對女性人身自由權之剝奪，無論任一國度或時空，一直是普遍嚴重又亟待解決的課題。本文係以律令制度為核心，探討唐代女性人口之販賣問題。尤其著眼於家庭親屬間，權力核心之支配者對於妻、女之人身販賣。究竟在何種情境下會將妻女視同商品無情地售出？唐朝法令對尊長販賣卑幼有何罪與罰？人口買賣歷經哪些類型與變質？略賣、和誘、和賣之罪又有何殊異？總之，買賣人口的形式已相當多樣化。凡家內秩序下的尊親屬、父權制度下之男性，對於子女、妻妾的人身買賣，皆屬於家庭暴力。本文試圖對律令結構予以深入剖析，從法律史料遺留的蛛絲馬跡中，還原唐時女口買賣之真象。冀盼能為當前性別關係與法律制度，提供若干反思空間。

關鍵字

唐律；人口買賣；典賣典帖、典貼；父權制

並列摘要

Human trade has been a serious issue across borderlines and timeframes and in need of solutions; and this is especially true in terms of depriving person freedom from women. Focusing on Tang's code system, this study explores the female human trade in T'ang dynasty and especially pinpoints the human trade of women as wives or daughters in kinship relations and as victims under dominators at the power center. Exactly under what situations could a man sell his wife and daughters as if they were commodities so cruelly? In T'ang code were there clauses defining the crimes and penalties to the prevent parents or dominators from trading offspring or families? What forms and changes did the human trade undergo in practice? How T'ang code defined the borderline between crimes such as human trade? Simply put, human trade thrived in a large variety of forms by then. Any human trade carried out against his daughter or wife by a man in context of kinship or patriarchy is nothing but a succession of domestic violence. This thesis aims to analyze in depth the code/statute framework and to bring back to life the practice of female human trade in T'ang by locating and collecting evidences, explicit or subtle, from the legal and statute records in the historical materials. At last behind this effort is an expectation to provide several ideas for further reflections on the gender relation and legal systems.