The Analysis Of Adultery Crime In The Song Dynasty From The Case Of Pan In Water Margins

The law and the literature movement emerged in US," Study the law from the literature work" is the important study of the movement. its goal is to study the law which is reflected in the literature work, and think about the legal theory and legal practice in them.The classic case of Pan Jinlian in "Water Margin " is well known to the populace. Standing in the traditional cardinal guides and constant virtues ethics angle, Pan Jinlian is still regarded as a villain despised by the people, however; Wu Song as a man of indomitable spirit, his behavior is still praised by people.But standing in legal and the literature angle, the Pan Jinlian case is no longer a simple story in which justice defeats the evil, but a cause to think deeply into law affair, in this affair, through the utilization literature search, the historical studies, the empirical analysis and comparative analysis’s method, we may discover the legal matter hiding behind it, through the use of literature, history studies, empirical analysis and comparative analysis. In the case of Pan, because of adultery between the Pan and Ximen, which directly or indirectly led to the murder, so we have to think about it.. Adultery was an objective social phenomenon existed in the past, so does it now.Pan case, in Song which the ruling class made adultery a crime and included it in the scope of the adjustment to the penalty, and from the substantive and procedural aspects carried out its provisions, that is, in the Pan case, the crime of adultery have applicability, but it did not apply, so it led to the tragedy. Adultery is still widespread phenomenon in contemporary society. Should we make adultery a crime, has aroused widespread controversy, up to now, there are still many countries still criminalize adultery and punish it.Since the founding of the early stages our country abolished the crime of adultery, and adjusted it in the range of moral, only in the specific circumstances, it’s made to be a crime. Abolition of adultery caused widespread concern in society, many countries of contemporary society put adultery into range of Civil Law, and obtained good results, which is of a good reference for our country on how to adjust adultery.