Research On The Dispute Of Reserving Or Abolishing To The Terms Of Sexual Relations Between Relatives

At the end of Qing Dynasty, it is the starting point for the modernization of ourlaws. With the increasing decline of centralized and conduct of modernindustrialization, China have undergone tremendous changes from the whole socialstructure to the institutional level. At that time, people began to accept the West inaddition to industrial products and technology, but also increasingly exposed toWestern political and economic institution, legal institution of the West began toappear in the legal transplanting. Transplantation of law needs to be changed as acondition of social ideology and even from the late Qing to the early Republic ofChina is following the Spring and Autumn Period as the second time of theideological pluralistic Period. Therefore, to the criminal law of the late Qing Dynastyin terms of changes Incest research; we must seize the ideological changes in societyat that time. The changes in this period in order to seize people’s thinking, it must beclear that people previously thought and existence of the foundation. Firstly, theamendments to the criminal law before the end of the Qing Incest Terms and ancientevolution introduce about the ancient Chinese Relatives described the terms of theevolution of Incest, rape Relatives features such as ancient criminal law provisions,and the various dynasties in terms Incest innovation, the penalty provisions of thedifferences between the different dynasties as well as amendments to the criminal lawbefore the end of the Qing relatives terms of specific content. Through theintroduction of these parts, identified a number of concepts and terms related to rapeRelatives, such as Confucianism, Mourning System, commit adultery, incest,regulations, etc. and on this basis, from the perspective of legal norms proposed termsIncest in the old law of the problems that exist.The terms of sexual relations between relatives in the "Criminal law of GreatTsing", the essence of the change and its causes, be reflected in the relative phasechange process to amend the criminal law Incest provisions during the late QingDynasty and the controversy behind different groups of ideological differences. Including the "Criminal law of Great Tsing", including a series of laws and therevision process, the ideology dispute has been seen as the focus of the Late QingDynasty. The so-called Contention of Feudal Ethics and Law is the Late QingDynasty during the feudal ethics tend to be conservative and tend to send around aninnovative repair jurisprudence basic idea of the so-called "Da Li", argumentsspecific to the various regimes of legal rules. In this process, the most controversialamendments typical outbreak in "Criminal law of Great Tsing". On the one hand,revision process of Incest Terms in "Criminal law of Great Tsing" gone fromdisappearing into the controversy then reserving at that process, which to some extentreflects the religious feudal ethics and legal similarities and differences in thinkingand understanding in this field. On the other hand, unlike the final destiny of "nohusband rape" and other terms, The identity achievement of The Incest, a certainextent, confirms the value of the significance of Incest in modern society.Based on the preceding discussion, we further analyze changes in terms of legislativechanges thrust behind Incest and social values embodied aspects. Late Qing Dynastyto start the process of Incest Terms reasons behind changes start to discuss the generaltheory of law transplants Relatives evil embodied in terms of changes, and theimportance of maintaining the terms of sexual relations between relatives stablefamily relationships in human society.