Study On Adultery Of Qing Dynasty Officials

One of the major characteristics of traditional Chinese politics is its emphasis on the rule of man and its advocacy of "governing by people".All legal systems in the country must be carried out by people.The operation and implementation effect of political practice are closely related to the personal morality of officials.Xunzi Jundao said that "laws cannot be independent,classes cannot be self-employed,people will survive,and people will die if they lose." Therefore,the rulers of past dynasties paid special attention to the construction of official morality.The ancient official proverb believed that "the official management is unscrupulous,and there is no one who does not start with the official".This shows that the exemplary and guiding role of the official is highly emphasized in the upper and lower relations between the official and the official and the people.Due to the unique nature of official status,the punishment for official rape crimes in past dynasties is heavier than that for ordinary rape crimes.The legislation and judicial practice of the crime of official rape in Qing Dynasty developed on the basis of absorbing and summarizing the experiences of past dynasties,which is representative in the legislation and judicial practice of the crime of official rape in ancient times.The purpose of this article is to make an in-depth investigation and analysis of the legislative and judicial activities of the Qing Dynasty officials who committed the crime of rape on the basis of consulting a large number of ancient documents and classics.This article starts with the legislative evolution of the crime of rape,comprehensively and systematically explores the legal origin of the crime of rape of officials in Qing Dynasty,analyzes the legislative status of the crime of rape of officials in past dynasties,and excavates the value pursuit and interest measurement behind the legislation.The second part of the article,through the modern criminal law theory and the theories of ethics and sociology,makes a procedure-based analysis of the crime of rape of officials in Qing Dynasty from the legislative and legal systems,thus demonstrating the legal application logic of "law","code" and "example" and the relationship between the three.The third part of the article examines the judicial practice characteristics,legal application,trial procedures and evidence standards of thecrime of rape committed by officials in Qing Dynasty by consulting the cases of the crime of rape committed by officials included in the "Collection of Criminal CasesThe fourth part mainly analyzes the trend of the generalization of the crime of official rape during the transitional period of the rule of law in the late Qing Dynasty by examining the argument on the existence or abolition of "rape without husband" and "rape with relatives" in the revision of laws and the "dispute over etiquette and law" in the late Qing Dynasty.The "rape crime" of officials is full of obvious factors such as blood relationship,family,ethics and ruling order in the process of conviction and sentencing.Studying the crime of official rape in Qing Dynasty is conducive to the exploration and promotion of local legal tradition and legal resources.This article hopes to reveal the characteristics of ethical law and etiquette law of official rape in Qing Dynasty from an empirical perspective.The research on the crime of rape of officials in Qing Dynasty is also helpful to a more comprehensive interpretation of the legal system,application of laws and legal system concepts in Qing Dynasty.