The Male Homosexuality Culture Phenomenon Under The Legal Vision In Qing Dynasty

The male homosexuality culture phenomenon under the legal vision in Qing Dynasty , investigates it fundamentally, what it discusses is as the Confucianist thought of ethical law developed to Qing Dynasty, what influences would be made to male homosexuality cases in judicial practice. Therefore, this article is composed by five parts, the content is in turn as follows:First part, Introduction. This part mainly briefly analyzes these essential concepts: the male homosexuality culture, the Confucianist ethical law, Qing Legal Code with Analogy and Judicial precedent. In addition, we also should pay attention to the Confucianist thought of ethical law in male homosexuality cases, and the indivisibility which among male homosexuality cases and male homosexuality culture phenomenon and laws .Second part, the male homosexuality phenomenon in Qing Dynasty and its reason. Qing Dynasty inherited Ming Dynasty tradition. The dissipated social sex culture, the accumulated over years'social wealth, and the regulations of"Forbidding government officials go whoring"which formulated by Qing government, all of them caused the male homosexuality to be in vogue in Qing Dynasty. Reviewing the male homosexuality culture phenomenon beforehand Qing Dynasty, since as allusions those handed down from Pre-Qin and Han Dynasty, and love stories in Wei and Jin Dynasties, male homosexuality in sexual affection recreation area in Tang and Song Dynasty, to male homosexuality's greatly abundantment in Ming Dynasty, male homosexuality culture phenomenon in Qing Dynasty, neither the aristocrat social stratum, nor official social stratum, common people social stratum, as a result of the impact of culture, economy, politics and special situation factors, wasn't declined but much more exaggerated.Third part, the penal code about male homosexuality in Qing Dynasty and its explanation. Qing Dynasty inherited Ming Dynasty code. As Qing Legal Code took Ming Dynasty's law as its main source, and then passed through several generations'revision, it caused Qing Dynasty's male homosexuality penal code be different from those marginal analogy in Ming Dynasty code and become perfect day by day. Compareing with the simple prohibition rule about male prostitute in Song Dynasty and the"According to the law that how to handle with filling filthy into people's mouth"provision in Ming Dynasty, Qing Dynasty's male homosexuality penal code was quite exhaustive. It mainly includes five kind of male homosexuality penal code stipulation: protects young boys not to be violated , maintains the divide between common people and pariahs, prohibits sodomy, empowers kill people as a result of refusing to be raped, and in the pirate cases , treats people whom is forced to be sodomy leniently.Fourth part, the legal analysis about male homosexuality cases in Qing Dynasty. Qing Dynasty is different from Ming Dynasty. The government officials and the merchant attached importance to print"judicial precedent"class law books. It gradually enables the law, regulation, and judicial precedent become main law origins in Qing Dynasty's justice activities. Therefore, the male homosexuality culture phenomenon under the legal vision in Qing Dynasty, shows a different side to those successive dynasties: Qing Dynasty's judges settled male homosexuality cases not only based on Qing Legal Code, but also determined the punishment according to Judicial precedent. And no matter what kind of cases, such as Rape cases, Resist rape case, Officials'criminal cases, Teacher-student cases and blood relationship cases, Unlicensed prostitute cases and actor cases, and the ocean robbery cases, Confucianist ethical law spirit would always contain in them.Fifth part, conclusion. From palace to country, no matter the high class or low class, in any case, it would always have persons who indulge in the male homosexuality, and cases which relate with the male homosexuality. Turn a blind eye to them was constantly already invalid, the law had to regulate them on rules. Although the law had made the exhaustive concrete rules and regulations regarded them, but these rules and regulations were still restricted by Confucianist ethical law.