Adultery Crime In Qing Dynasty

The adultery crime is one of the oldest crime in human society.As non-violence crime,codices and jurisconsult have pay much attention to adultery crime in ancient east and west.Since 1979,adultery crime was completely out of the stage in new China's first criminal law.This paper aims to studyQing Dynasty adultery legislation and the judicial practice.As the last dynasty of feudal society in china,Qing dynasty absorbed the advantages in every generation of legislation and developed the most complete legislation of adultery.The Laws and regulations of the Qing Dynasty has 18 clauses about adultery,which has the most clauses in history.In Qing's judicial practice,there have a large number of adultery cases,and adultery causes many malignant criminal cases.It should be a warning sign to today's society,since there has no laws to rule adultery.The paper is divided into four parts.The first part is started with the meaning of adultery crime and it's legislation evolution,which summarize the characteristics of the adultery crime each period.And then,it draws a conclusion about the characteristics of this change.So it is easy to summarize the characteristics of the adultery crime in history before Qing Dynasty.The second part describes the legislative expression of the Qing Dynasty adultery crime,which firstly analyze the criminal constitution of the adultery crime based on modern criminal law theory,and then,analyzes the punishment of the adultery,last,it summarizes the characteristics of the adultery crime in Qing Dynasty.So it can have a comprehensive understanding of the adultery crime of the Qing Dynasty.The third part studies in the Qing Dynasty Judicial application of adultery,which analyzes how the adultery crime works in judicial practice in the book Criminal cases compilation.And then,it can summarize the characteristics of the adultery crime's judicial practice.So it can have a clear understanding of the adultery crime's judicial practice.The four part begins with the advantages of the adultery in Qing Dynasty,it based on the special social status of the Qing Dynasty.And then,based on today's social status,it summarizes the disadvantages of the Qing Dynasty,so it can understand the reason why the adultery crime has cancelled now.At last,although there hasn't adultery crime now,we can still learn something in Qing dynasty's adultery crime.