A Study On The Law Of "killing Adulterers" In The Qing Dynasty

The phenomenon of arresting adulterers and killing people frequently appeared in the Ming and Qing Dynasties.In order to restrain and regulate it,a special article of "killing adulterers" was set up in the law.This paper mainly analyzes the legal provisions and judicial practice of "killing adulterers" in the Qing Dynasty,as well as the related problems arising therefrom.First of all,in terms of legislation,it mainly combs the legal system of "kill the adulterer".This paper summarizes the relevant legal provisions of the "kill the adulterer" article before the Qing Dynasty,and then focuses on the legal provisions of the "kill the adulterer" article in the Qing Law.After the legislation in the reign of shunzhi and yongzheng,and the reign of qianlong,the law of "killing the adulterer" and the content of the law were gradually established.In order to try various kinds of cases,the Qing government kept revising the laws and regulations,and finally formed a complete legal system of "killing adulterers".Second "kill the adulterer" case of the referee,mainly to the case in "launched a remit at three make up the classification and analysis,it can be divided into this killer adulterer adulteress,adulterer adulteress kill the husband,promise sex sex of killer,not promised sex sex killing four cases,through the analysis found that,in case the ultimate punishment Whether there is adultery,whether the husband connives at restraint,adultery,time,kinship,whether the adulteress cries out for help and so on become the important factors affecting the verdict result.Finally,it discusses the problems of penalty application,killing and sexual taboos in the interaction between law and judicial practice.Mainly from the judicial officials to the application of the law and the revision of the law and other aspects of the problem of crime and punishment adaptation discussion;Mainly from the cause of his death but under the guise of adultery to death to get off the crime,light punishment of the husband and heavy punishment of adulterers because of rape and murder of husband cases such as the issue of indiscriminate discussion;The sexual taboos are mainly discussed from the perspective that the punishment for killing and killing between relatives is lighter than the punishment for killing and killing.