Historical Investigation And Realistic Enlightenment Of The Crime Of Adultery In China(1912-1997)

The crime of adultery has a long history.In history,many countries used legal means to regulate adultery.The laws of each dynasty in ancient China clearly pointed out that adultery between men and women was an illegal and criminal act.The earliest relevant legal provisions were written in the Zhou Dynasty,and the article also clearly pointed out that "men and women do not make friends by justice,their criminal palace." Many Eastern and Western countries,especially those with religious beliefs,punish adultery severely.Although some countries abolished it after entering modern civilization,some countries and regions still regulate adultery by criminal or civil means,but neither criminal law nor civil law regulates adultery in our country.Since ancient times,our country has been deeply influenced by Confucianism,and the broad masses of the people basically have a strong sense of sexual morality,and deeply despise improper adultery.Including South Korea,it was also deeply influenced by Confucian culture.It was not until 2015 that the provisions on adultery in the criminal law were abolished,while there are provisions on adultery in Taiwan so far.As the birthplace of Taoism and Confucianism,why did China abolish the crime of adultery as early as last century?Nowadays,gender issues and their derivatives are prominent,seriously disturbing the social order.How to regulate gender issues,especially adultery,which has been included in crime,has become a hot issue of concern to all sectors of society.From the perspective of Sociology of law,this article will make a historical study of the existence and abolition of adultery in China from the perspective of social history,culture and relevant judicial traditions.The part of historical investigation mainly divides into three historical periods,namely,the Republic of China,the founding of the People’s Republic of China,before and after the reform and opening up,and inspects the historical development of the abolition of the crime of adultery in these three periods.Through the historical investigation of the existence and abolition of adultery crime,this paper explores the various links between law and society,explores the rationality of the abolition of adultery crime from history,in order to respond to the voice of adultery being punished one after another,and inspires the complex and chaotic gender issues in today’s society from the theory of law and morality,law and society.