CAJ | 학술논문

唐律中的＂七出＂并非忽视妇女利益的维护。相对于男子的自由休妻,＂七出＂可以为男子休妻划定界限,矫正任意弃妻之风,客观上保护了妇女的婚姻。唐律＂七出＂适用的前提条件是禁止男子无故出妻,维护了婚姻中无过错的妇女。即便＂七出＂允许男子休妻,但同时又受＂三不去＂的限制,从而尊重婚姻生活中有功的妇女,并为弱势的、无助的妇女提供保障。
당률중적＂칠출＂병비홀시부녀이익적유호。상대우남자적자유휴처,＂칠출＂가이위남자휴처화정계한,교정임의기처지풍,객관상보호료부녀적혼인。당률＂칠출＂괄용적전제조건시금지남자무고출처,유호료혼인중무과착적부녀。즉편＂칠출＂윤허남자휴처,단동시우수＂삼불거＂적한제,종이존중혼인생활중유공적부녀,병위약세적、무조적부녀제공보장。
＂Qi Chu＂ was the most common divorce institution in ancient China. It first appeared in the Confucian classics and became a formal institution in Tang dynasty. As a matter of fact, ＂Qi Chu＂ did not ignore women＇s interest entirely. ＂Qi Chu＂ allowed the husband to divorce his wife based on seven reasons and restricted the previously unlimited power of the husband to divorce his wife and in actuality, sheltered women＇s marriage. According to the Tang Code, the essential prerequisite of applying the ＂Qi Chu＂ is to prohibit the husband from arbitrarily divorcing his wife and in effect, safeguarded wives who did nothing wrong. Though the husband was able to divorce his wife by the institution of ＂Qi Chu＂, the rule of ＂San Bu-Qv＂ restricted him from divorcing women and instead made him respect women who conducted good deed for the his family and protect the interests of the weak and helpless women.