A Study On Female Crime In Yuan Dynasty

The problem of female crime in the historical period is a hot topic in the study of female history in recent years.This paper selects the period of the Yuan Dynasty,which is relatively seldom covered by scholars.It starts with the general situation of female crime in the Yuan Dynasty,the relevant characteristics of cases,the trial of cases and the Yuan society’s attitude towards female crime to carry out the research of this topic.The first chapter is based on the legal materials of the Yuan Dynasty,including Yuan History,Yuan Chapter,Zhizheng Tiao(Annotated Edition),Chinese Literature of Tibetan Heishui City,Tongzhi Tiao,and Yuan Dynasty Legal Materials Collection,etc.,and summarizes all female behaviors in violation of the laws of the Yuan Dynasty into three categories: rape and injustice crimes,killing crimes,and other crimes.Among them,adultery and injustice mainly refers to the crime related to marriage,including adultery before marriage,adultery after marriage,remarry during the funeral period,forced adultery four sub-categories;The crime of killing is divided into six categories: evil,murder,fighting,negligent killing and manslaughter,killing relatives,and unrighteousness.Other categories mainly refer to crimes committed by women outside the family,including occupational crimes and impersonating a mistress.The second chapter focuses on the analysis of the Yuan Dynasty female crime related features.The first is the age structure of female criminals.The majority of female criminals in the Yuan Dynasty are young and middle-aged women,followed by the elderly.There is no record of juvenile women or "in the female" committing crimes.The second is the master-slave relationship between the criminals in the joint crime,the Yuan Dynasty female criminals in the case of the role of accessory.The third is the identity of the victim.Through the analysis of the collected cases,it can be known that the victims of non-class crimes and killing crimes of female rape in the Yuan Dynasty were mostly family members,while the victims of other types of false accusation rarely left the family living space of the female criminal.As long as a small number of professional crimes involved victims outside the family,In addition,the act of pretending to be a concubine deceived the target is the court,does not involve specific victims.The identity structure of victims reflects the family-centered lifestyle of women in the Yuan Dynasty,as well as the narrow living space of women in the Yuan Dynasty.Chapter three discusses the judicial practice in the cases of female prisoners in the Yuan Dynasty.First of all,it analyzes the two factors that influence the result of sentencing: the feudal compendium ethics and ethnic identity.Secondly,it discusses the reasons for the phenomenon of lenient punishment,to be punished by clothes,to be married and sold,and to give preferential treatment to monks and nuns.In the end,it focuses on the living conditions of female prisoners in the Yuan Dynasty,including the implementation of the measures of "releasing prisoners" in practice,and the survival crisis faced by female prisoners in the Yuan Dynasty under the condition of chaotic prison management.The topic of the fourth chapter is the Yuan society’s attitude towards female crime.This chapter mainly analyzes the trial process and sentencing results of female crime cases recorded in historical records of the Yuan Dynasty,and combines other poetry collections,historical notes,and Yuan drama as circumstantial evidence to investigate the attitudes of different social strata towards female crime in the Yuan Dynasty.In general,society expects women to keep their place.It kept away from litigation,but the concerns of the Yuan government,scholarofficials and ordinary people were slightly different.The government and scholar-officials,when facing the problem of female crime,often attach importance to the custom of education,"free from litigation" and "correct custom" is their pursuit.And the people care about whether the real interests are harmed.The combination of the two constituted the Yuan society’s attitude towards female crime...