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A Study On Women’s Pension And Punishment System In Qing Dynasty

Posted on:2021-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2416330626961261Subject:Law and law
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The women’s pension and punishment system is one of many pension policies.The Qing Dynasty,on the basis of inheriting and summarizing the provisions of previous dynasties for women’s forgiveness,combined with the characteristics and needs of this dynasty,enriched and perfected it.Under the influence of the idea of punishment,the rulers of Qing Dynasty favored women and formulated a series of measures of forgiveness for women,which were embodied in the whole process of legislation,judicature and execution.In legislation,certain penalties for women are reduced or exempted;In the administration of justice,women’s litigation should be treated with caution.Women’s physiology,physical strength and other factors are taken into account in the implementation.There are many factors that affect the women’s pension and punishment system in the Qing Dynasty.Apart from subjective reasons such as "morality is the main factor and punishment is the supplementary factor",Confucian ethics,and the concept of moral and moral retribution,there are also objective factors such as population growth,the strengthening of parental rights,and the change of women’s role in the family economy.The system of women’s pension and punishment was popular in ancient society for thousands of years and has its rationality.On the one hand,it can maintain social stability and ensure the long-term stability of rulers by treating women leniently.On the other hand,during the period of sanctification of chastity,the law’s benevolent regulations on women have largely protected women’s life and chastity.However,the system of women’s pension and punishment also has its limitations of the times.It is a tool to safeguard autocratic rule and ethics.Some regulations are too lenient towards women,which to a certain extent encourages women to commit crimes and violates judicial justice."Men are superior to women" and "men are subordinate to women" are portrayals of ancient women’s status.Forgiveness legislation is also strengthening women’s subordinate status.However,in a modern society that advocates equality for all,this kind of attachment still remains.Therefore,women themselves have established "independent consciousness".Legislation to promote equality between men and women still has a tortuous way to go.In addition,the women’s pension and punishment system in Qing Dynasty contains rich humanistic spirit,which is of positive significance to the construction of modern rule of law.
Keywords/Search Tags:Qing Dynasty, women, pension and punishment system, value
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