Research Of Killing Adulterers In The Qing Dynasty

The crime of killing adulterers has been stipulated in the Tang and Song dynasties.It was not formally entered into the law until the Yuan Dynasty.The Ming Dynasty further developed.It was supplemented in accordance with the needs of practice in the Qing Dynasty.And then reached its peak.This article is based on historical research methods,combined with the Qing statutes and the relevant provisions of the criminal department archives,starting from legislation,sentencing and the application of law to outline the restoration of the crime of killing adulterers in the Qing Dynasty.To study the crime of killing adulterers in the Qing Dynasty,we must first clarify its concept and content.This article reviews the relevant legal provisions and judicial treatment before the Qing Dynasty,and examines the formation and development of the crime of killing adulterers.The second part of the text is based on the study of the statute text of the crime of killing adulterers.It focuses on arresting and killing husbands,committing adulterers,catching immoral fiancee,male refusal,third-person arrests,and relative rapes.Discuss its content in all aspects and strive to have a comprehensive definition and understanding of the crime of killing adulterers in the Qing dynasty.Secondly,it analyzes the sentencing and the law-applicable rules in the crime of killing adulterers which is also the focus of the text.Based on the texts of the Qing Dynasty statutes and criminal records such as "Summary of Criminal Cases ",a systematic analysis of the sentencing of "killing adulterers" and the application of the law are conducted.The principle of sentencing runs through the "killing adulterers" legislation.It is an important criterion to guide its operation.It is mainly manifested in serving crimes,different penalties and reasonable law.In the application of the law of killing adulterers,there are differences depending on whether there are legal provisions.When expressly stipulated,the law of "killing adulterers" implements the principle of "law as the foundation and examples as the main body",and the main purpose of the law runs through the judicial rulings.In practice,cases are often used to deal with cases and highlight the examples.When the statute is not expressly provided,the examiner skillfully uses the tips summarized in practice,referring to the case,directly applying other laws,or citing the addition and subtraction of other laws,and strives to achieve the overall harmony of the case.At the same time,the element of rational-emotive is well expressed in the judicial practice of "killing adulterers" in the Qing Dynasty.Judicial officials will take reasonable factors into account in the trial of specific cases,and even sacrifice the common law.Applying the price with a view to achieving judicial fairness.The prevalence of murder in the Qing Dynasty was inseparable from the social habit of committing adultery and the ethical dogma of "husband for wife".Based on the era background of killing adulterers,this article reviews its legislation and judicial practice.Killing adulterers intends to curb the social habit of committing adultery by reducing husband s' killing crimes and severely punishing lewd women,and has achieved certain results,but it is limited to legislative techniques and has also caused many questions in practice.Nowadays,although the crime of killing adulterers has lost the soil for survival and withdrew from the historical stage,some of its practices in legislation and practice still have enlightenment and reference for current judicial practice.