Research On The Crime Of Adultery In The Tang Dynasty

The Tang dynasty law is the representative of the whole Chinese legal system.Tang dynasty law which is by means of perfect legislative technique and rigorous structure express the maintenance of the level of identity and family status of traditional society.Compared with other typical charges in the traditional criminal law,Adultery Crime,in the process of the criterion for the conviction more maintenance of kinship,family and ethics even more prominent.As patriarchal clan in directly embodies the Chinese traditional society,ethics,moral content,Adultery Crime is worthy of studying.I regarded it as the object of study;it is helpful to discover the peculiarity of Patriarchal Law and Bioethics Law in Tang dynasty law from the point of demonstration.It is also very helpful to analysis Tang dynasty law comprehensively which made remarkable achievements in the structure and technique of the code and legal concept and principle and so on.This dissertation is divided into five parts.Chapter one is the cognizance of Adultery Crime.Through determining the concept of Adultery Crime and the constitution of Adultery Crime,the Adultery Crime of tang dynasty is summarized.The second chapter is about the details of Adultery Crime.This chapter I through the classify of no identity relation of Adultery Crime.crime with identity relation and some criminal behaviors may be punished in accordance with the crime of the rape order to probe the details of Adultery Crime.The third chapter is about the conviction and sentencing.The main contents include the following aspects:First,rape conviction sentencing principles.Second,the rape of principle.Third,the principle of criterion for the conviction of specific conditions.The fourth chapter is the application of Adultery Crime in the tang dynasty.Thischapter from the cases recorded in literature and formally "imitation sentence" book "civilization as well as to set" inspects the legal application of Adultery Crime in the tang dynasty.The fifth chapter is the evaluation and analysis of Adultery Crime in tang dynasty.This chapter through the following three aspects to its evaluation: First,the evaluation of Adultery Crime cognizance of tang dynasty.Second,the evaluation of the special form of Adultery Crime in tang dynasty.Third,the evaluation of the tang dynasty Adultery Crime punishment...