Analyzing Fictional Crimes Of Adultery From The Perspectives Of Tang Lv Shu Yi&Ming Dynasty Criminal Law

As the oldest crimes,Adultery and Theft have always been seen as important by the ruler.The stipulation of Adultery crime was made in all dynasties from Qin and Han to the end of Qing dynasty.Generally,the crime of Adultery refers to lawbreaking sexual behavior between men and women in a feudal state.I will take feudal society law of China as an object,TangLvShuYi and Law of Ming Dynasty,which 2 are representative and existing complete.After research I consider that there are two forms of Adultery crime:one that is extramarital sexual behavior between men and women,which is conform to the conventional idea of crime.And the other is not difficult to overlook,which refers to marriage behavior of some object breaks law and Confucian spirit because of its peculiarity,it is considered as the crime of Adultery and imposed heavier sentence.This article attempts to analysis Adultery crime in law of Tang and Ming dynasty to describe the particular legislation in ancient China,that is,with the view of protecting marriage,extramarital sexual behavior constitutes a crime of Adultery due to sexual resources can be earned only through marriage.As a result some marriage behavior is denied and struck in the name of Adultery crime when it seriously breaks law and Confucian spirit.The set of Adultery crime reflects that legislators clear up the relation of marriage under patriarch system,strictly controlled sexual behavior and definitely punished Adultery crime.Namely,the institution of marriage is about blood transfer,inheritance of property and rights of conventionality,which is so significant in constructing social order that legislators stipulate marriage should have a certain type and from other side some objects may not be for marriage and offenders sentenced to punishment.And some of serious damage to the social relationship will be treated as the crime of Adultery.By comparing law of Tang and Ming dynasty,the scope of forbidden objects is different as change of particular social reality and idea,however,the continuity of its punishment is the benchmark of antisocial behavior with sexual features.This article consists of four parts.The first part provides an overview of the legislation and the proposed crime.First of all,the definition and characteristics of the legislative drafting are illustrated,and distinguished the legislative drafting and the legal drafting.Secondly,the definition,category and system function of the Adultery crime in ancient China was discussed.In the end,the concept of the proposed crime was introduced,and the "according to..."belongs to the legislative drafting in the law of Tang and Ming dynasty.The second part carried on the detailed analysis of the specification of the law of Tang dynasty,and explored its particular behavior of Adultery crime and punishment,and summed up the characteristic of legislative drifting of crime of Adultery in the law of Tang dynasty.The third part of the artificial also analyzed the specific situation and its penalty in detail,and generalized the characteristics of the crime of Adultery in the law of Ming dynasty by comparing with the law of Tang dynasty.The fourth part is the conclusion of this paper.That is,the legislation cause of the Adultery crime.I think the reason is perhaps that the institution of marriage and the crime of Adultery have inner link.Sex can be legalized when it strictly follows the institution of marriage.And when certain marriage behavior seriously breaks the law,it should be punished as Adultery crime thanks to its intense damage to the institution of marriage,although it is not.As a consequence,antisocial behavior with sexual features will be punished as the crime of Adultery.