On The Crime Of "killing The Adulterer" In The Qing Dynast

In traditional Chinese society,the law was often combined with rituals and ethics,and moral education were emphasized.The social phenomenon of "killing an adulterous husband" has been severely combated by the rulers since the Yuan Dynasty,when it was introduced into the law,to the Qing Dynasty,when the law was continuously revised.Qing Dynasty,the crime of killing adulterers,the main provisions in the "Qing Law-Criminal Law-human life" under the intention of heavy punishment for women who commit adultery,to curb the social habits of adultery.Initially,it achieved certain legal effects,but it was limited to legislative techniques and caused many problems in practice.In this paper,we take the conviction and sentence of the law of "killing adulterous husband" in the Qing Dynasty and the judicial practice as the object of study,and discuss the specific application of the law of killing adulterous husband in the Qing Dynasty in real social life,in order to have a more intuitive legal knowledge of the crime of killing adulterous husband in the Qing Dynasty.Specifically,it is divided into the following parts.The first part is an overview of the legislation on the crime of killing adulterous husbands in the Qing Dynasty.In the legislative background,the first is to explore the legislative origins of the provisions of the Qing Dynasty adultery killing law,to sort out the content and relevant provisions of the crime of adultery before the Qing Dynasty,and then is to explore the social background of the crime of killing adulterers in the Qing Dynasty,with the intention of examining the formation and development of the law of "killing adulterers" in the Qing Dynasty.The second part is a compilation of the judicial practice of the crime of killing adulterers in the Qing Dynasty.The first part is to explore the relevant provisions of the Qing dynasty law texts,and to have a preliminary definition and understanding of the crime of "killing an adulterous husband" by summarizing and concluding.At the same time,we will analyze the judicial practice of the crime of killing adulterous husbands in different situations.The third part is an analysis of the characteristics and causes of the judicial practice of the crime of "killing an adulterous husband" in the Qing Dynasty.Based on the analysis of the preceding laws and regulations,we discuss the sentencing of "killing adulterous husbands" in the Qing law,systematically analyze the conviction and sentencing of the crime of “ killing adulterous husbands” in the Qing Dynasty,and summarize its characteristics.Secondly,we discuss the specific legal application of the Qing dynasty laws on the crime of killing adulterous husbands from multiple perspectives,and explore the social causes of the conviction and sentence in the context of the Qing dynasty society and the jurisprudential basis of the relevant laws.The fourth part is the legal evaluation of the crime of "killing an adulterous husband" in the Qing Dynasty.The legal and practical expressions of the crime of "killing an adulterous husband" in the Qing Dynasty are evaluated from both positive and negative aspects in order to gain the most intuitive three-dimensional understanding.Traditional Chinese law emphasized the combination of ritual and law and the supremacy of ethics and morality,and by the Qing Dynasty the legal system was so complete that ethics and morality were integrated into the legal code.Therefore,the Qing dynasty laws had extremely strict regulations for acts that undermined the social and ethical order,and the crime of "killing an adulterous husband" was the most typical example.But the Qing dynasty "killing adultery" behavior is not absolutely legitimate,from the exercise of rights outside the boundaries of the legal code,not only not protected by the legal code,but also should bear certain legal responsibilities.