Comments On The Case Of Ma Yaohai Of Group Licentiousness In Nanjing

In the society we live in, coming along with the rapid economic development,shift of times and social advancement, there appear great changes in politics, economy,culture as well as the way of living, which is followed by the domination ofdiversification and the declination of traditional views, even the loss of morality.While scientific legislation is a significant part in China’s legal construction, theconflict between the law and moral is inevitable issue. The law is made to specify thelimit of moral, but the trend of moral diversification leads to the great difference insocial acceptance, which gives rise to the conflict between the law and moral.In April of2010, a case was tried in the Qinhuai District People’s Court inNanjing, Jiangsu Province. Ma Yaohai and other21people were accused of grouplicentiousness. This case caused great stir in the society. It’s not only because thatmost suspects were highly educated, including the associate professor Ma Yaohai.Meanwhile it triggered a great debate on whether “swapping partner” was guilt or notand on the relationship between the law and moral.This paper focuses on “the Case of Ma Yaohai in Nanjing” and discusses thecontroversial issues in this case. Citing the ideas of John Stuart Mill and Lon L. Fuller,the scholars from the School of Liberalism, on the law and moral, as well as personalliberalization and social control, the author analyzes, from the facts of the case, thatwhether swapping is a personal behavior and whether such behavior should be underthe control of the society and law. Based on the analysis, the author provides the wayof integration and solution when the conflict of the law and moral occurs.