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A Study On Femal Crimes In Late Qing Dynasty And Early Repulic Of China (1901-1919)

Posted on:2008-06-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:J AiFull Text:PDF
GTID:1116360242458640Subject:Special History
Abstract/Summary:PDF Full Text Request
In Late Qing Dynasty and early Republic of China, with the society of China undergoing a transformation, the status of female experienced a fundamental change. With the introduction of western civilization and the advocation of intellectuals, female problems commenced to be brought in light. However, attentions were simply diverted to the female elite, or the achievements of women's emancipation, such as female education. Little attention was given to average female civilians, especially on female crimes. During that particular period of time, the rate of female crimes had been on the rise, constituting a serious social problem which made the nation adjust its laws accordingly. As a result, laws and other legal documents stipulated fair and impartial regulations as to the penalty of female crimes. Judicial attentions to female crimes also had been seen from the statistics of female crimes then in judicial reports. This dissertation focuses on female crimes during this period of time, analyzes the casusation, degree and relevent elements of them.This article consists of introduction, body, conclusion, attached tables and bibliography, totally five chapters. The summary of each chapter is as follows:Chapter OneA general introduction of female crimes before Late Qing Dynasty statesBefore Qing Dynasty, due to the limitations of living environment and lack of communication with society, female had little chance to breach laws. According to the historical documents, female crimes then were mainly adulteries and homicides, most of which were adultery-related homicides. Based on the physical characteristics of female, rulers invented particular instruments of torture and penalties for female, adopting comparatively less harsh treatment. In Qing Dynasty, female crimes showed the tendency of variety. Besides sexual crimes and homicides, abduction, slander and theft emerged. With the growing number of female crimes, laws as well as clan regulations and family rules found their place in the control of them. In Middle and Late Qing Dynasty, because of frequent warfares and social development, female were more involved in the society, which made more crimes added to the category of female crimes. Feudal ideology tended to collapse in this period of time, so the penaltiesof female crimes were still not harsh. Some judges, not confined to written laws, were inclined to settle cases in favor of female. Meanwhile, female crimes resulting from conflict of marriage were on the rise, which indicated female started challenging parent-arranged traditional marriages. From the result of conflict, female were still under oppression.Chapter TwoThe statistics of female crimes in Late Qing Dynasty and early Republic of ChinaLarge amount of statistical data relfects the details of crime quantity, categories, penalties and probation, etc.. Although statistics on crimes are rare in Late Qing Dynasty, the trace of new law influence and the basic information on female crimes are not hard to find. Since the beginning of the Republic of China, crime statistics tended to be more specified, especially on female crimes. According to the stattistics, the quantity and categories of femal crimes amounted to a considerable scale, with categories of professional crimes on the rise. Female defendants were mostly married women and widows, with age ranging from 20 to 40, most of which were illiterates without occupations. That is attributed to the following reasons: 1. Chinese women in this period of time got more involved in the society and burdened with more family responsibilities, which contributed much to the rising female crime rate. 2. Unequal status with male in family and marriage forced female to fight against the social system. Unappropriate ways of protest led to the breach of laws. 3. The development of society aroused female to sense the importance of freedom and rights. In order to change the unequal status in family and marriage, some women risked breaching the laws. In this period of time, because of different backgrounds, female crimes in China and other parts of the world exhibitted different characteristics.Chapter Three The Categories of Female CrimesFemale crimes in Late Qing Dynasty and early Republic of China were mainly sexual crimes. More open-minded society with corruption made certain female aware of their sexual freedom. Oppressed sexuality, once burst out, was out of control. Meanwhile, lacking of education and not knowing how to control their desire, female were easy to be seduced. Financial situations in part led some women to get involved in prostitution and adultery. It was the social factor that contributed to the fact that female crimes were mostly sexual crimes at that time. Female sexual crimes - usually the causes of homicide, abduction and slander - were closely related to other crimes they committed. During the period of time, female crimes resulting from conflicts between family members, or in the neighborhood, were not infrequent. And another characteristic of female crimes at that time was that homicide and crimes of injury constituted an important part in the category. Maltreatment of female existed in many families, and most victims were daughters-in-law, secondary wives and maidservants. Sexual mortification made female's state of mind extreme so that adultery homicide constituted a great proportion in female crimes. With women's emancipation developing in China in this period time, some women, especially those in inferior class, such as prostitutes and maidservants, chose to protest agaist their misfortune by running away. New opportunities of employment for women built up their determinaiton to get away. And those who lacked of social experience were easy to be abducted. Since Late Qing Dynasty, more women were forced to seek their fortune due to fanmily financial problems to support the family. However, cheap labor and rare job opportunites made some women take up abduction. Some middle age or senior women even regarded abduction as their career, so abduction made up another catetory of female crimes. For most female abductors, it was just a means of income; but some were trying to help the runaways. No matter what purposes they had, they could not escape the severe punishment. In addition, female were also involved in crimes like opium smuggling, gambling, deception and the like, most of which were committed for bad habits and financial reasons, punishable by fine.Chapter Five Penalty of Femal CrimesLegal status of female in Late Qing Dynasty and early Republic of China, to some extent, improved, but unequality between male and female still existed. Specific legislation on female crimes appeared in Qing Dynasty Code (Daqing Lv Li) indicated the government's emphasis on female crimes. After the new law stipulated, because of the influence from western civilization, the penalty of male and female crimes tended to be equal, although controversies still existed. The new law abolished severe penalties like beheading, and imposed fine and imprisonment instead. During the reign of Beiyang Military Government, the new law in Late Qing Dynasty was kept, and the punishenment of female crimes was lessened to some degree. However, in judicial practice, the government strenghened the control over female crimes: Da Li Yuan (a similar institution to the Supreme Court) published judicial intepretations to direct and supervise the trials of female crimes; meanwhile, it laid more emphasis on the control of adultery and abduction to reduce female crime rate. During the period of time, torture was discouraged, which became an excuse of officials' inefficiency. Punishements from clan regualtions and family rules were also comparatively reduced, but control over daily behaivors was still strict. Women somehow were usually to some extent forgiven for their crimes, but imprisoned female criminals suffered from many hardships. Although precautions were taken to prevent female crimes, for various reasons, the effects were small.Chapter Five Social Transformation and Female Crimes in Late Qing Dynasty and Early Republic of ChinaIn this period of time, female crimes implied the practical living conditions and female problems. Although women's rights movement and women emancipation were in the heat, most women's living conditions did not change much. To some extent, they boosted the rising of female crime rate. Those who could not stand the arranged marriage, inferior status in family, and the maltreatment they suffered arose to fight back usually at dear costs. Some committed crimes simply because of lack of education and ignorance. Those who suffered financial hardships sometimes considered crimes simply as an option to solve bread and butter issue. And then so-called women emancipation actually did not achieve its goals, leaving most women problems unsolved.This dissertation is characterized by the analysis of official statistics then; with historical documents and large number of cases in newspapers and journals, it specifies the factual situations of female crimes in the particular changing times.
Keywords/Search Tags:Late Qing Dynasty and early Republic of China, female crimes, sexual crimes, social transformation, female problems
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