考察妇女在家族内地位时,不能只有一个性别纬度。总体而言,妾在法律上具有卑贱的身份和地位,但实际更为复杂。凡“妻妾犯夫”或夫家尊长,尤其是犯奸罪,妻妾被视为一类,同罪同科。这时,社会性别观起着主要的作用。而基于服制之判案,妾处于低层,这时等级身份为量刑的主要依据。妻妾这种特殊“财产”受损主要是被卖、被抢或被奸,如加害者为夫族以外的外人,且女方为妾则罪责减轻,则作为男人财产的女人体现为妻贵妾贱。生有子女的妾,与子孙辈相较,或与奴婢相较时,却占据程度不同的有利地位,这时,起决定作用的是阶级或长幼身份,性别关系倒在其次了。 When examining a woman’s position within her family, she can not have only one gender latitude. In general, concubines have a humble status and status in law, but are actually more complicated. Where “Wife or concubine husband ” or husband and family elders, especially for the crime of convictions, wives and concubines is considered a category, the same crime with the subjects. At this time, the gender perspective plays a major role. And based on the service system, the concubine was at a lower level, when the rank of the main basis for sentencing. Wives and concubines This special “property ” damage is mainly sold, robbed or raped, if the perpetrator is an outsider outside the husband, and the woman is concubine, then the lessened, then the woman as a man’s property is reflected in the wife and the wife Concubine cheap. A concubine with children, compared with their grandchildren, or in comparison with slaves, occupy a different position in a favorable position. In this case, the decisive factor is class or elder status, and the relationship between the two sexes falls in the second place.