CAJ | 학술논문

在清代，朱子理学是统治阶级所尊奉的正统学说，《大清律例》具有典型的“夫尊妻卑”特征，这主要体现在夫妻权利义务不对等、夫妻相犯同罪异罚两个方面。在刑科档案中，夫因生活琐事杀妻是导致夫殴妻至死的最主要原因，且在夫杀妻案件中占较大的比例。《大清律例》的“夫尊妻卑”规定，纵容了夫权的肆意膨胀，致使清律为倡导“素相和好”的夫妻关系而试图约束夫犯妻，尤其是夫殴妻致折伤以上的目的无法达到。
재청대，주자이학시통치계급소존봉적정통학설，《대청률례》구유전형적“부존처비”특정，저주요체현재부처권리의무불대등、부처상범동죄이벌량개방면。재형과당안중，부인생활쇄사살처시도치부구처지사적최주요원인，차재부살처안건중점교대적비례。《대청률례》적“부존처비”규정，종용료부권적사의팽창，치사청률위창도“소상화호”적부처관계이시도약속부범처，우기시부구처치절상이상적목적무법체도。
In Qing Dynasty , the theory of Zhu Xi became the orthodox doctrine enshrined by the ruling class.The feature of “husband superior to wife” is typically demonstrated in the Great Qing Legal Code in such two main aspects that rights and obligations between husband and wife are not equal and husband and wife are imposed with different punishment when committing the same crime .Based on files of criminal cases , beating wife to death by husband due to daily nuisance is the most common reason for murdering with a large proportion.The rule of “husband superior to wife” prescribed in the Great Qing Legal Code is the connivance of the husband ’ s expansion of rights and power , thus the purpose of advocating harmonized relationship be-tween husband and wife to prevent the husband from insulting the wife , particularly from causing serious in-jures of broken bones , are doomed to fail .