Crime Legislation Of The Ming Dynasty “Fallacy”

"Fallacy" sin is unique to Chinese feudal law offenses, pioneered by Qin Shi Huang, followed by the continuous evolution, and got more and more mature,to the Ming Dynasty, legislation of law "fallacy" crimes carried out a series of strengthening, so that the "fallacy" crime legislation presents new trends and characteristics.This paper consists of introduction, body and conclusion composed of three parts. Part of the body is the backbone of the article.The first major point of the body: the motivation of Legislation the "fallacy" crimes in Ming Dynasty. From Qin to Yuan, it is the variation on the content and the form of "fallacy" and "fallacy" crime stripping from "defamation" sin constantly to make Ming Dynasty to strengthen the "fallacy" crime legislation which is also the historical innovation and motivation; as extreme strengthen of autocracy came to Ming imperial, it is the reality of driving factors that punishing "fallacy" crimes which is with the label “speech crime” by draconian sanctions to maintain the monarchy and the practical needs to against the cult of a "fallacy" to make Ming Dynasty to strengthen the crime legislation.The body of the second largest point: the main content of Ming Dynasty "fallacy" crimes. First, the main source in law of "fallacy" crimes in the Ming Dynasty including provisions in "Daming Law", "cases" in order to guide and monarchs purpose. By the Ming Dynasty, according to the investigation of "fallacy" crime legal sources,we can recognize that legislation on the Ming Dynasty "fallacy" sin is multi-layered. Secondly, making "fallacy" crime legislative analysis on the main crime, criminal object, subjective aspects of crime, crime and objective aspects of the Ming Dynasty. On the subject of crime, the subject of the Ming Dynasty "fallacy" crime is the general subject under the general provisions, but meanwhile there are two special provisions for the particular subject; on the criminal object, The main object which is infracted by the "fallacy" crimes in the Ming Dynasty included ruling class monopoly right to speak and the social order. Terms of the subjective aspects, the provisions of the Ming Dynasty "fallacy" crimes included intentional and negligent. Terms of the objective, the Ming Code explicitly states that "Divination", "fallacy", "demon book" as the three instruments of crime; while made detailed provisions about the behavior of "fallacy" crimes that included manufacture, distribute, possession. Finally, analysis the two transmutation properties which as the standard to be convicted "fallacy" crimes in the Ming Dynasty : "ominous" and "confuse", especially explain the desalination of "ominous" in Ming Law, the act of "fallacy" crimes as the new emphasis of the law in the Ming Dynasty is under widespread legislative control, so that the "fallacy" crime legislation presents distinct levels, and to cooperate with each other in the state.The third part of this article: to summarize the characteristics and social impact of "fallacy" Crimes in the Ming Dynasty. Through analysis, in the Ming Dynasty, the features of "fallacy" crimes legislation is more clear concept, the tight law network, more harsh penalties than the previous generation. And the social impact of "fallacy" crimes in Ming Dynasty included the positive and negative impacts for both.The legislation of "fallacy" crimes, as with the "speech crime" label,is criticized because of the suppression of freedom of speech and thoughts, in the Ming Dynasty, which still has such features. But we can not simply interpret "fallacy" crimes in modern perspective, through the legislative analysis of the "fallacy" crimes in Ming Dynasty, we should recognize the legislation of "fallacy" in Ming Dynasty has positive significance in maintaining social order, cracking down on cults, superstitions and other aspects of repression. This may not be the intention to strengthen the Ming Dynasty "fallacy" crimes legislation, but we can not deny its composition for the "fallacy" the law network have the effect or be said to be a possibility.