唐代儿童若干问题研究

发布时间：2018-07-04 08:58

本文选题：唐代 + 儿童　；参考：《安徽大学》2011年硕士论文

【摘要】：在唐代政治稳定、经济繁荣、国内形势一片祥和的形势之下,儿童受到人们较多关注。儿童的相关问题是一个历史性话题,先秦以来对儿童教育、健康、法律地位等问题的关注在唐代得到更加充分的发展。通过对丧服的规定、唐代法律行为、国家经济行为、行冠、笄礼时间以及唐代男女婚龄的考察,本文以16岁左右为唐代儿童年龄上限。秦汉以来的医书已关注到儿童身体,至唐代,在儿童养育方面人们积累了丰富的医学知识和养生宜忌。文章从唐代以及唐以前医学书籍着手,论述唐代儿童养育问题,紧扣医疗知识和技术在儿童养育的运用,详细介绍医学中对儿童养育各个方面的指导,其中包括孕妇禁忌、断脐、新生儿护理、选择乳母、幼儿命名等等内容。针对前代溺杀婴儿导致儿童夭折的现象,结合诗文、墓志铭等材料,指出唐代并不存在明显因禁忌等其它原因而溺杀儿童的现象,唐代儿童似多为自然死亡。历朝历代对于儿童的刑事责任能力划分不同：秦律以身高为确定行为人刑事责任的标准,不满6尺者不追究法律责任；汉朝儿童被追究刑事责任大体以八岁为起点；至唐代划分虽然较为详细,但下限仍在七岁以上。唐律对儿童地位保障主要体现在延迟处罚孕妇、儿童缘坐、儿童的收养与过继三方面。唐律有关儿童被教唆犯罪、拐卖儿童现象、非婚生子女的财产继承问题以及卑幼嫁娶等事例的相关规定一定程度上保障了儿童的合法权益。考虑到唐代作为封建王朝的特性,这种保护仍是一种有限度的保障,其前提是维护尊卑长幼和社会等级,并不是绝对平等、充分考虑到儿童权益的法律。宫廷儿童可分为皇室儿童和下层儿童。他们在生育、抚养、教育、游戏方面有同有异。皇室子孙显赫的身份从出生开始就已突显,吃、穿、用、行无不彰显其尊贵的地位；不同等级的儿童为其不同的目的,接受相应的教育。皇室子孙为人中龙凤,诗、书、礼、乐样样精通；下层幼奴刻苦学习,他们掌握各项技能仅仅是取悦主上的手段。宫廷中的儿童游戏,以卑贱儿童表演、尊贵儿童欣赏为主要特点。上层贵族儿童与下层儿童之间的差异是社会等级造成的,社会等级划分给儿童造成了不可忽视的影响。总而言之,唐代儿童这一特殊群体的发展变化,同唐社会发展变化紧密相关。儿童的各方面健康成长,是由其社会活动的稳定性决定的。大量医学书籍收录、记载治疗儿科的医方正说明了唐代儿童的发育成长日益引起社会重视；政府性的法律、法规更详细规定了儿童权益的相关问题,虽然这一权益是建立在保障尊长核心地位和社会等级秩序基础之上的,但也足以使我们看到唐代较前朝的进步之处。唐代对于儿童的知识、观念和法令奠定了此后儿童发展的基础。
[Abstract]:In the Tang Dynasty, political stability, economic prosperity, domestic situation a peaceful situation, children received more attention. Children's related issues are a historical topic. Since the pre-Qin Dynasty, the attention to children's education, health, legal status and other issues has been more fully developed in the Tang Dynasty. Based on the regulations of funeral dress, legal behavior of Tang Dynasty, national economic behavior, crown, hairpin ceremony time and marriage age of men and women in Tang Dynasty, the age limit of children in Tang Dynasty is about 16 years old. Since Qin and Han dynasties, medical books have paid attention to children's bodies. In Tang Dynasty, people accumulated rich medical knowledge and health care. Starting from the medical books of the Tang Dynasty and before the Tang Dynasty, this paper discusses the problem of the raising of children in the Tang Dynasty, the application of medical knowledge and technology in the raising of children, and introduces in detail the guidance to all aspects of the raising of children in medicine, including the taboo of pregnant women. Umbilical cut, newborn care, selection of nursing mother, infant naming and so on. In view of the phenomenon of infanticide and infanticide in the previous generation, combined with materials such as poetry and epitaph, it was pointed out that there was no obvious phenomenon of drowning and killing children in Tang Dynasty because of taboos and other reasons, and that children in Tang Dynasty were mostly natural deaths. The classification of children's criminal responsibility ability in different dynasties is different: Qin Law regards height as the standard to determine the criminal responsibility of the perpetrator, those who are less than 6 feet are not investigated for legal responsibility, the Han Dynasty children are investigated for criminal responsibility generally taking the age of eight as the starting point; Tang Dynasty division although more detailed, but the lower limit is still over seven years old. Tang Law's protection of children's status is mainly reflected in three aspects: delayed punishment of pregnant women, children's seat, adoption and adoption of children. The relevant provisions of Tang Law about children abetting crime, abducting and selling children, the inheritance of children born out of wedlock and the marriage of children to a certain extent have protected the legitimate rights and interests of children. Considering the characteristics of the Tang Dynasty as a feudal dynasty, this kind of protection is still a limited guarantee, and its premise is to maintain the superiority of the children and the social class, not absolute equality, and fully consider the law of children's rights and interests. Court children can be divided into royal children and underclass children. They have similarities and differences in fertility, upbringing, education, and games. The noble status of royal children has been highlighted from the beginning of their birth, eating, dressing, using, and all showing their noble status; different grades of children for their different purposes, receive the corresponding education. The royal descendants are proficient in everything from dragon and Phoenix, poetry, books, rites, and music; the lower slaves study hard, and their mastery of skills is merely a means of pleasing the master. The children's games in the court are mainly characterized by the performance of humble children and the appreciation of noble children. The difference between the upper aristocratic children and the lower class children is caused by the social class, which can not be ignored. In a word, the development and change of the special group of children in Tang Dynasty are closely related to the social development of Tang Dynasty. The healthy growth of children in all aspects is determined by the stability of their social activities. A large number of medical books have been collected, documenting that doctors who treat pediatrics are showing that the development and growth of children in the Tang Dynasty has attracted increasing attention from society; government laws and regulations have more detailed provisions on issues related to the rights and interests of children. Although this right is established on the basis of safeguarding the core position of elders and the order of social hierarchy, it is also sufficient to enable us to see the progress of the Tang Dynasty in comparison with the previous dynasties. The knowledge, ideas and decrees of children in the Tang Dynasty laid the foundation for the subsequent development of children.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K242

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