The Crime Of Rape In The Qing Dynasty

China’s rulers paid much attention to adultery, the oldest counts in china’s history. This paper aims to conduct a study on the Qing Dynasty rape legislation. The first chapter aims to study the basis of adultery in Qing dynasty from the meaning of the rape and its Legislative.In ancient times, the offense of rape refers to immoral sexual intercourse. From the pre-Qin era, there began penalties for adultery. Adultery was divided into rape and adultery by consent. Meanwhile, there were some detailed regulation about relative rape and bereavement rape in Qin and Han dynasties. After a long accumulation and development, adultery had developed a comprehend system in Tang and Song. Comments on Tang Law started to distinguish adultery between different subjects and rape on special people, and rape in different behavior.System of Song Dynasty Criminal Law followed Comments on Tang Law, however, for the first time, adultery became an independent crime. In Yuan and Ming dynasties, the development of adultery legislation had been furthered. Punishment for gang rape and rape on young girl first appeared in Yuan Dynasty. In Ming Dynasty, great changes had taken place on the legislation of the construction of adultery, as well as the sentencing. Secondly, this article aims to introduce the legislation of adultery and its revolution as well as its nature. At the same time, this passage also aims to definite the scope of rape in this article, rape in this article does not include visit prostitute by officials or force a girl into a prostitute, we only elaborate the rest seven kinds of adultery here.Chapter two mainly discusses the composition and class character of the rape in the Qing Dynasty. In the composition of the Qing Dynasty, the subject can be divided into the Perpetrator and the accessory. According to the status of the criminals, the subject can be divided into ordinary Perpetrator and special Perpetrator. On the part of the subject, he’s deliberate. On the part of the object, women rights and children’s physical and mental health has been violated. The objective aspects of rape focuses on the behavior of the rape in Qing Dynasty, the implementation of adultery is divided into rape, adultery. Adultery accessory include matching and conniving as well as aids in it. The identification of rape mainly discusses the distinction of a crime. This article explores rape in the same class and in different class and its punishment as well as reasons.Chapter Ⅲ mainly analyzes the special circumstances of rape in the Qing Dynasty. Under the requirements of feudal ethics, the special case of the rape can be divided into mourning rape, rape between relatives, the connivance of rape, adultery with the man and his son. Some special cases for its vile include rape on young children, gang rape and rape wounding. Special cases for professional identity include rape of monk and rape of Officials. In the following chapter, detailed analysis has been made on the concept of special circumstances of rape, its classification and penalties.Chapter Ⅳ intends to analyze rape in Qing Dynasty comprehensively. First, this chapter will make a comment on the identification of rape in Qing Dynasty. The identification of rape in Qing Dynasty is scientific, for rape identification involves violence, coercion; if there is no evidence to be found and afterwards, it must be released as innocent. On the other hand, there are some limitations. For instance, when the subject conducts Diao rape(rape a woman when she was already a pathic), there is evidence on the adulteress while there is no evidence on the adulterer, under this circumstance, only the adulteress is considered guilty. Secondly, this article finds that the regulation in Qing dynasty is scientific, ethical by Comments on the special cases of the rape in Qing Dynasty. At the same time, this article also makes comments on the punishment principles of rape in Qing Dynasty.