Study On Crime Of Adultery Of The Late Qing Dynasty

From Chinese feudal dynasty to modern society,adultery has gone from legal charges to be abolished by great changes.But the debate around adultery change has never stopped.On the abolition of adultery has become the trend in today's world,because of China's official document the word "Adultery" appears again.The debate on the abolition of adultery showing a growing trend.Even get different views between folk and legal scholars.In addition,adultery disrupt modern life order,cause many cases of violence,people get a argument of the abolition of the crime of adultery and whether it should be stipulated in the criminal law again.The hundred years of late Qing Dynasty is a period time of the feudal adultery change significant.This special transition period with its special charm,appeals our thoughts and exploration.With full of new factors and new variables in this century,changing the traditional feudal economy,the feudal rule of the Qing Dynasty gradually from prosperity to decline,the traditional feudal order gradually disintegrated.Along with the country gradually,the traditional feudal system of Chinese began to be affected by Western based external ideas.With the economic,political and social life changes linkage,many people began to gradually change the traditional ideas,and change the traditional law.The law makers,revisers and executives have also gradually began to learn and absorb the western law,statute system,and then open Chinese modern legal journey.In the process of gradual change,as development in the traditional feudal system and ethics as the most typical composite effect phenomenon deeply,the crime of adultery lead the debate between the old and new,keeping and changing.Touch the contradiction between traditional feudal patriarchal ethics and new ethics,traditional law system and the western law system.Under the traditional feudal law in the late Qing Dynasty,judicial officials formed lots of articles and papers in the practice,which including the case reasons,progress and conclusion.These articles and papers are collected as "Cases".They are used in the revision or dynasty statutes,or by direct reference to the reality of judicial trial in the practice of the case,or borrowed to the reasoning of later cases.Judicial officials in accordance with the different comprehensive,subjective and objective factors,are carefully demonstrated according to different rules,the persons involved were convicted of different penalty.And on the basis of the meaning and requirements of traditional feudal rulers give a different punishment.This paper based on<Collection of Criminal Cases><Cases of All Dynasties> and<Court Cases of All Provinces>involving adultery in hundred years of the late Qing Dynasty.According to analysis the cases have never been researched,and breaking scopeof the existing research and the content of the late Qing Dynasty.Records of cases from a completed analysis,in order to show the adultery cases of the late Qing Dynasty completed and objective.To outline the stereo image of adultery in the late Qing Dynasty.Thus,when the traditional feudal system in the late Qing Dynasty changes,adultery lost system foundation relying on.To the end,was abolished from the modern criminal law.