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在中国古代,关于人口的买卖一直存在,并存在一些专门以此为业的人,例如人们较为熟悉的“牙婆”等等。但凡阅读过一些旧小说的人,对此都不会陌生,往往在家庭遇到天灾人祸时,家中的子女,特别是女孩便会被父母或其他亲属卖为奴婢。但是对于古代法律的规定及其变迁,人们往往知之不详,在笔者目前检索到的文献中,也尚未发现从法律规定角度研究卖亲属为奴婢这一现象的论著。本文将从目前已知的保存完整的最早法典——《唐律疏议》出发,说明法律中对于这一情况的相关规定及在社会中的具体执行情况,并对其成因进行分析,说明其相关制度在后世的变迁。
In ancient China, the sale of people had always existed, and there were people who used to take it as their own. For example, people are more familiar with their “mother-in-law” and so on. However, anyone who has read some old novels is not unfamiliar with them. When the family often encounters man-made disasters, families and children, especially girls, are sold as slaves by their parents or other relatives. However, people often do not know the rules and changes of ancient laws. In the literatures that the author has retrieved so far, no study has been found on the phenomenon of selling relatives as slaves from the perspective of law. This article will start from the currently known complete earliest complete code “Tang law” to explain the law of the relevant provisions of this situation and the specific implementation in society, and its causes were analyzed to illustrate its Relevant system in the future changes.