A Comparative Study Of Negative Emotional Metaphors In Chinese And Japanese Romance Novel

The Laws of the Qing Dynasty is the last comprehensive written code in Chinese history.The Laws of the Qing Dynasty fully inherited the essence of Chinese traditional legal culture in form,legislative spirit and content.It can be said that the "Laws of the Qing Dynasty" is a written code that integrates the great achievements of ancient Chinese laws.The legislative provisions on the crime of rape in the Laws of the Qing Dynasty are also the most systematic and perfect.This paper aims to make an in-depth investigation and analysis of the legislative provisions and judicial activities of the crime of rape in the Qing Law.The first part of this article first introduces the concept of contemporary rape crime.Then,starting from the legislative evolution of rape crime,it introduces the legislative overview of rape crime in the Qin and Han Dynasties,the Tang and Song Dynasties and the Yuan and Ming Dynasties respectively,and analyzes the value orientation and interest measurement behind the rape crime legislation before the Qing Dynasty.The second part of this paper makes a normative analysis of the crime of rape in the Qing Dynasty from four aspects.First of all,it introduces the types of rape in the Qing Dynasty.This article divides the crime of rape in the Qing Dynasty into three basic types.One is general rape,one is gang rape,and the other is rape of young girls and children.Then,based on the contemporary criminal law theory,the author analyzes the crime constitution of rape in the Qing Dynasty by using the four elements of crime constitution theory,namely,the subject,the subjective aspect,the object and the objective aspect.Then it introduces the punishment principles of rape in the Qing Dynasty.The punishment principles include "sentencing according to the severity of the circumstances","gang rape",and "sentencing according to the subject of the crime,the object of the crime,and the time of the crime".The fourth aspect introduces the differentiation and determination of rape in the Qing Dynasty,including "the transformation and determination of rape and adultery","the determination of the nature of the behavior of women who rape and adultery","the determination of attempted rape and attempted rape,and adultery",and "the determination of the nature of adultery".The third part of this paper mainly selects typical cases of rape crime based on the third series of criminal cases and the collection of refuted cases,so as to study the judicial practice characteristics,legal application and evidence standards of rape crime in the Qing Dynasty.Through the analysis of typical cases,this paper concludes that the judicial practice of rape crime in the Qing Dynasty has the following characteristics:(1)the application of law when there are provisions in the law: judge according to the law;(2)The application of the law when there is no provision in the law: creating new laws,comparing and visiting other laws,citing the case and considering the reason.Through the analysis of typical cases,we can have a more comprehensive understanding of the legislative tendency of judicial officials in the Qing Dynasty and the ethical and moral system of the whole society.The fourth part is also the last part of this paper.This part first makes an objective evaluation of the provisions of rape in the laws of Qing Dynasty,and sums up the essence that still deserves our reference.