Research On The Crime Of Rape In The Qing Dynasty From The Perspective Of Sexual Ethics

As one of the important crimes in the traditional criminal law,the crime of adultery is a typical embodiment of the legal maintenance of feudal ethics and morality.Its conviction and sentencing revolve around the feudal ethics,especially the traditional ethics as the main support,highlighting the maintenance of the patriarchal family.Qing dynasty feudal ethics,autocratic centralization has developed to achieve,and qing dynasty rape crime absorb legislative experience,in the legislative level,this article is perfect,so the crime in the Qing dynasty,in order to break through the previous focus on feudal clan and marriage framework,fully grasp the perspective of sexual ethics,complement ethics side interpretation of adultery,understand the legal concept and legal spirit,to provide local foundation support for the modern legal system construction.This paper will study the crime of adultery in the Qing Dynasty from the following four chapters:Chapter first chapter takes the concept of adultery crime and sexual ethics in the Qing Dynasty as the research foothold.On the one hand,it discusses the system from the perspective of feudal law,evaluates the principles and provisions of punishment of adultery,and extracts the strong feudal level and performance characteristics of sexual ethics from the institutional rules.On the other hand,the connotation and extension of the comprehensive inquiry ethics is embodied in "respect and distinction","ancestor worship","prohibit incest" and "guarding the festival".Through systematic theoretical definition and correlation research,the relationship between adultery and sexual ethics is clarified,and the rationality of studying the crime of adultery from sexual ethics is clarified.The second chapter is to explore the details of adultery under the influence of sexual ethics.Complex society actually determines the development direction and the legal benefits of law,and ethical order affects the change of law through the penetration of complex social fields.Analyze the formation background and sexual ethics on the crime of adultery at the legislative and judicial level.On the basis of adultery in chapter two,the author analyzes and summarizes the difficulties and causes of ethical adultery and names.Chapter four aims to make the legal evaluation and summary of the above research results,based on the relationship between sexual ethics and adultery to explore the boundary between the law and ethics,on the basis of the study the necessity of "etiquette",then "revision" and "new China rule of law construction" two important time for analysis object,explore the successful reason and division of etiquette and significance.