中國傳統社會的大多數權利分配，是由男性來主宰，而女性在這體系當中，實際 上扮演著什麼樣的角色呢？這一點是令人感到好奇的。但是，若從男尊女卑的觀 點去討論「婦女」（尤其是民間的婦女），這就像是眼睛戴著墨鏡一般，所見之處 總蒙上一層父權至上的色彩。 本文則嘗試由法律的層面，將「婦女」和「財產」分開來討論後，再將二者 合併討論其關連性，發掘唐到北宋社會中，民間婦女的新風貌。 首先是唐到北宋的法律，在立法基本精神上並沒有太大的改變，仍是沿襲父 權為主的精神。不過，隨著時代的前進，北宋司法訴訟程序的改進；審判經驗逐 漸的累積，較之於唐代，更能發揮其社會作用。女性也慢慢地習慣運用法律來保 障自己的權利。 其次，就北宋的一些案例來研判，傳統觀念中，蒙冤受屈的受害者多半為女 性，在本文中可能會做部份的修正。因為在城市經濟逐漸發達的北宋社會裡，女 性的眼光、教有等等，呼應環境的需要，而有所成長。所謂有「婦德」的女性， 在必要時也得幫忙料理家中事業，使之不墜。可見北宋婦女在當時社會環境裡， 已經有一些走出家中大門，涉足商場。如此一來，在知識和膽識上，自不可與過 去歲月同日而語，這應該也算是女性自我覺醒的一種類型。所以，歷史上便可發 現，運用法律訴訟制度，來維護自己權益的新女性，這是值得我們現代人所重視 的。

　　　　　In Chinese traditional society that almost of privileges' apportion were handled by men. I am curious about women in this society had playing what kind of character, in fact. If I discussing " Women " (especially folk women) from the point of the treatment of females as inferior to males, I'll see everything with the color of patriarchy just like wear a sunglasses. The main body of a writing is trying to discuss "Women" and "Wealth" separately from the view point of law; then collect both of then to discuss the connection, and discover the new scenery of folk women from Tang to earlier Sung's society. First of all, the spirit of a legislation was not changed too much from Tang to Sung's law. They was still following the spirit of patriarchy. But, following the progress of era, the Earlier Sung Dynasty's legal procedures of lawsuit was improved. When the court decisions were getting more than Tang's Dynasty, and the social funcions too. Sung's folk women were used to have recourse to the law in some cases. Secondly, studying the lawsuits of Earlier Sung Dynasty, we have to correct partly of traditional views, such as, women were always miscarriage of justice. Because in the society of Earlier Sung Dynasty, there was improvement of city economical actions, then women must growing up in the discerning ability and education etc., for the need of their environment. Women with female virtues, they must help their business of family to avoid suffering a fall in their family fortune. There were some women walked the door of their house involved in the business world of Earlier Sung's society. Then, they had courage and wisdom, that were different from the women in the past. This should be a kind of women's self-consciousness. So, in the history, we can find the new style of female, they protect their privileges with legal procedures of lawsuit. This topic is worth studying of modernist.