During Revision Husband Rape Abolition Of The Study

According to the ancient Chinese,the appetite for food and sexuality is great part of human nature. Fornication, stemming from sexual impulses,was nevertheless regarded as one of the illicit intercourse that needed to be rectified in society. Within addressing people's misconducts,is it better to regulate them by criminal penalties or to restrain them by the rules of decorum?It was not a question that aroused controversy between the Confucianists and Legalists until the emergence of the challenge which was from western powers.They wielded a formidable influence on the old empire at the end of Qing dynasty.As a response,a new policy was made which led to a full revision of the traditional legal system and the reception of western-styled-la w .But as the reform took place by leaps and bounds,it brought with it the revival of the ancient controversy between the Confucianists and Legalists.Concerning the issue of fornication,both paties engaged in fierce debates,revolving around the maintenance vs. the abolishment of such a statute.In this thesis,the author firstly attempts to interpret the meanings and nature of the crimes of illicit sexual intercourse prescribed in the traditional Chinese penal codes. After this we have a look at the real life of people's sexuality and the legal practice of fornication in the county level.Following will begin inquiry into the controversy of the maintenance vs. the abolishment of fornication of different periods.Finally the author remarks on the controversy of the maintenance vs. the abolishment of fornication law based on the powerful western impact.