การเปรียบเทียบสิทธิของสตรีตามกฎหมายล้านนาและกฎหมายจีนช่วงคริสต์ศตวรรษที่ 14 – 17

Abstract

This paper aims to study the similarities and differences of women's women's rights under Lan Na law and Chinese law during the 14th and 17th centuries. The researcher divides the rights into right to life and body, right to honor and property rights. The research found that Lan Na law is a traditional law and is influenced by Buddhism. The Chinese law of the Ming dynasty is influenced by Confucianism. In addition, the punishment system of Lan Na law and Ming dynasty Chinese law is clearly different. In the Lan Na law, most of the punishment is imposing a fine. However, there’s a set of Five Punishment (wuxing五刑) in the Chinese law of the Ming dynasty and the punishment is also considered by a five-level system of mourning, known as "wufu" (五服). For the right to life and body, Chinese women do not have rights and freedoms in marriage and divorce, but Lan Na women can choose to marry or divorce their husbands as they like. When the case of smuggling or raping or assaulting a woman, both the Lan Na law and the Chinese law provide protection and compensation for the victims. When a woman becomes an adulterer or a man in the family commits a serious crime, both the Lan Na law and the Chinese law severely punish women. For the right to fame or honor, both the Lan Na and the Chinese law protect women and compensate for the injuries. For property rights, Lan Na women have more rights to inherit from their parents than men and fully inherited the inheritance of her husband, but Chinese women generally do not have the right to inherit from their parents. When husband dies, Chinese women often become custodians of their husbands' estates on behalf of their children or adoptive children. For property management right, Lan Na women are generally able to share more property than their husbands after divorce. They can also judge their inheritance and have the right in the case of debt. However, Chinese women are at a disadvantage after divorcing their husbands. In addition, they are unable to divide assets and unable to manage their capital before marriage. The Chinese law also does not clearly show that Chinese women can borrow a debt or not.