著者
西田 真之
出版者
東京大学東洋文化研究所
雑誌
東洋文化研究所紀要 (ISSN:05638089)
巻号頁・発行日
vol.166, pp.184-136, 2014-12

The monogamous system was specified in both Civil Code and Penal Code which were enacted in the 20th century in China. However, the word "concubine" was not used in them, and concubinage was never banned either. This fact has raised the arguments over concubines. Some jurists and the noted-cases acknowledged concubinage. Moreover, they thought little of the penalization for a husband who had a sexual relationship with concubines. However, after the arguments about legal issues over concubines, some members of women's organizations gave a statement that concubinage should be banned. In conclusion, even after the monogamous system was specified in the Codes, the relationship between a husband and his concubines was not regarded as marriage, which resulted in the co-existence of monogamy with concubinage in modern China.

言及状況

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PDFあり。 満州における妾をめぐる立法状況の点描 https://t.co/AtGJ63MwFQ 法史学から見た東アジア法系の枠組みについて : 一夫一婦容妾制の成立過程をめぐって https://t.co/a7N9wylUWW 近代中国における妾の法的諸問題をめぐる考察 https://t.co/fo4of9SBka

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