On The Addition Of The Crime Of Adultery

Fairness and justice is the rule of law, but also legal value and purpose. Not only the law to embody the fairness and justice, and the vital interests of the natural person that should be fair and impartial to legal records. Since ancient times, law and morality are two standard terms exist at the same time. The moral law before, and with the development and progress of society, morality as the main norms of social adjustment status gradually replaced by law. As the main way of legal social adjustment, and development has not been the objection is correct. Because the law is not inferior to the moral adjustment in the society, and the operation is easier. However, in the relationship between morality and law, there is still some controversy. The main conclusions are: the legal relationship between them is the most basic moral. This is basically the general legal scholars. But there are some important ethical issues not stipulated in legal texts, such as adultery problems in this study.Due to the unique history and culture of our country, the problem of adultery in our country is very important, and most of them are very strict. Adultery harm is very serious, to fight, to kill jail, Former friends become enemies with each other., broken up. The new China’s "criminal law" does not set up adultery, when the crime of adultery is a great controversy, the Bills Committee to consider the draft criminal law, Shao Lizi and other members also adhere to the provisions of the crime of adultery. Peng Zhen made it clear that the general provisions of the crime of adultery, one does not work, two of the other social problems, and more harm than good. Now it seems not specified adultery in today’s society all kinds of violation of ethical things frequently, such as: "small three first wife bucket" "second wife" phenomenon and due to the frequent adultery caused by malignant murder case. With the emergence of these circumstances, we can not help but ask: what is wrong with this society? Adultery is a serious violation of morality, and the law should reflect the lowest moral requirements. Therefore, this article will also through the case and the theory analysis to elaborate the principle and the way of the punishment of the adultery. And hope that through this study, we can provide a proper solution for the subsequent emergence of adultery, reduce the vicious criminal cases caused by adultery, to maintain social harmony and stability.This article consists of four parts, the first part of the analysis of the causes of the case of adultery in Tengchong and the harm of adultery. Through the analysis of specific cases to explain the harm of adultery and whether it should be included in the scope of the regulation of the criminal law. The second part is the analysis of the meaning and characteristics of adultery. Through the analysis of its meaning and characteristics, and then points out that it is consistent with the legal interests of the law, and then explain the full nature of the punishment of adultery. The third part is the analysis of the rationality of the punishment of adultery. Through the analysis of the rationality of the crime of adultery, it shows that whether the adultery can enter the punishment, whether the punishment should be. The fourth part is about the system conception and related problems of the crime of adultery. Mainly consists of statutory sentence elements, settings, procedure and limitation of prosecution and issues related to the analysis of the penalty for adultery. Through the analysis of these cases, the right to apply for the preparation of adultery.