An Analysis Of The Judicial Cases Of Punishing Adultery In Chongqing From 1950 To 1957

China's traditional society attaches great importance to the husband as the core of the marriage and family order,adultery as a behavior to undermine the stability of the family,the Chinese rulers of the past,both ethical and criminal legislation are imposing severe sanctions.This paper analyzes the judicial situation of Chongqing area from 1950 to 1957,and then sums up the judicial situation and characteristics of punishing adultery at that time,and analyzes and evaluates it.The full text consists of four parts: introduction,text,reference and acknowledgment,in which the text is divided into four parts.In the first part,the author introduces the historical origin of the traditional Chinese adultery,mainly discusses the content and characteristics of the regulation of the relationship between men and women in ancient society under the influence of Chinese traditional culture from the aspects of thought origin and legal practice.,Discuss the way of adultery in the various dynasties punish the way and summed up their similarities and differences.The second part discusses the legal change of punishing adultery in Chongqing from1950 to 1957,mainly based on the judicial jurisprudence,from the social background(the transition from traditional marriage system to new marriage law,domestic and foreign war and economic decline,The conflict of ideas),the legislative changes(the promulgation of the new marital law,the abolition of the six law books,the Supreme People's Court on the case of adultery cases,approved)focus on the analysis.The third part is aimed at restoring the situation of judicial cases of punishing adultery in Chongqing from 1950 to 1957.Mainly divided the case of adultery into category induction,the characteristics of crime(adultery reason,prosecution,crime composition),judicial referee(judicial basis and characteristics of the judge)three aspects.The fourth part includes the elaboration of the role of the judicial punishment of adultery in Chongqing from 1950 to 1957 and the enlightenment to the modern legal system.First of all,from the point of view,this period of punishing acts of adultery is regarded as an anti-feudal system,the implementation of the marriage law of the political task,it has great historical significance.In addition,due to the particularity of the times,even if the adultery by way of judicial sanctions can not fully protect the rights and interests of women to maintainthe marriage and family,the author of this deficiency to reflect on;Secondly,from the criminal law,the current society,although adultery is moral Adjustment of the category,but with the "derailment" and "third party" and other words appear many times,to take appropriate regulation of such acts become a top priority.Based on the current controversy on the topic of "adultery",this article proves the irrationality of the claim from the three aspects of the nature of adultery,while trying to argue from the perspective of civil law adultery can constitute the possibility of infringement compensation.