The Adultery Crime And The Republic Of China's Society

The Chinese tradition society usually plays importance on ethics and morals, man's social position is higher than the female,There has been the difference between the men and women, the law take this as the instruction, restraining both men and women's sexes relations. Commiting adultery could not be accommodated by the traditional society, which the law naturally gives the severe penalty, but the penalty was more often fallen on women; Simultaneously criminal's status is different, the penalty who receives is also different, the law is seeped by the color of morals .When the government revised the law in the late Qing Dynasty , the conflict inevitably erupted between the western law culture been introduced and the Chinese inherent morals , this kind of conflict continuously extended into the Republic of China and was centrally reflected by the revision and the change of adultery crime.During the early days ofThe Republic of China , the society still was filling themoral ingredientand advocating chastity, Yuan Shikai and the later Beiyang government maintain the rule of countryby the morals, then the crime of "commiting adultery with the woman who hasn't the husband "was increased into the rule supplement. After the Nanjing national government had been established, "Three People's Principles of Sun Yat-sen"was taken as the instruction, so "the equality of the sexes" principle was also established, but the society has not had the radical change ,the dispute was caused , revolving around the determination the convict of adultery crime ,that should be "the married woman"or "people who has the spouse" .The law displayed unsuitability with the society.This article discussed and analysised the relations between law and society by searching the change and the practise of adultery crime during the Republic of China time. The law is society's product, which should be in harmony with social's need; the influence Society's change makes on the law is the legal revision. Whether the law revised could be implemented and obtain the actual effect or not,actually is limited by the society. During the time of The Republic of China , the change and the practise of adultery crime has promulgated the uniformity between law and society.