A Study On The Conviction And Sentencing Of The Infringement Between Couples In Ming Dynasty

The law of Ming Dynasty didn’t express the concept of " the infringement between couples ".According to the relevant provisions of the law of Ming Dynasty,husband and wife’s mutual violation generally refers to the mutual violation behavior made by the husband and wife during the marriage,which is not allowed by law.Specifically,the definition of "husband and wife" is limited to the scope of monogamy,excluding concubines,etc.;the "accomplice" includes the infringement of property rights and personal rights,and the law expressly provides for the punishment of the infringement.Therefore,there are three elements in the law of Ming Dynasty:first,the infringement occurred during the period of marriage;second,the infringement object includes the body,property and a series of social relations of both sides;third,the law stipulates the corresponding punishment rules for the crime of the infringement.Based on the provisions of the Da Ming Law and the Da Ming Order,as well as the cases of Ming Dynasty,this paper explores the specific legal issues of the husband and wife crimes in Ming Dynasty,mainly including the legislation of the husband and wife crimes in Ming Dynasty and the judicial practice of the husband and wife crimes.The full text is composed of introduction,text and conclusion.The text is divided into four parts.The first part focuses on the analysis of the relationship between husband and wife and the infringement between couples,including the legal rights and obligations of both husband and wife during the marriage and the basic connotation of infringement between couples in the law of Ming Dynasty.The second part focuses on the conviction and sentencing of the infringement between couples in Ming Dynasty.In the Ming Dynasty,the conviction and sentencing of the infringement between couples included the conviction and sentencing of wife’s and husband’s two kinds of mutual offenses.Specifically speaking,the crime of entering a husband’s wife includes killing his wife,beating his wife,divorcing his wife without any reason,pawning his wife,remarrying with his wife and adultery;the crime of entering a wife’s husband mainly includes killing his husband,beating his husband,adultery,going against his husband without permission and stealing his property,etc.The third part focuses on the basic characteristics and legislative motivation of the conviction and sentencing of the infringement between couples in Ming Dynasty.The legal regulation of husband and wife’s crimes in Ming Dynasty embodies the features of unequal punishment and severe punishment of women’s adultery.It also reflects the important influence of the realistic relationship between husband and wife,filial piety culture and the concept of female chastity on the infringement between couples in Ming Dynasty.The fourth part is the analysis of the legal provisions of the conviction and sentencing of the infringement between couples in Ming Dynasty.On the basis of inheriting the laws of Tang Dynasty,the legislation of husband and wife’s offense in Ming Dynasty developed in combination with the social concept and practical needs of Ming Dynasty,which reflected the practical needs of Ming Dynasty’s rule.At the same time,the legislation of Ming dynasty laid the foundation for the relevant legislation of Qing Dynasty.