Basic Information
Chinese name: adultery
English name: commit adultery
Other foreign names: fornicate
Source: "Shangshu"
Original: Men and women who do not have a relationship of righteousness will be punished by the palace of punishment.
Overview
"Adultery" is an occasional illicit sexual relationship (without the use of money) that occurs voluntarily with the opposite sex outside of marriage. It does not bear civil liability and has no consequences in the marriage law; if it is a party member or cadre, the competent department can impose sanctions. There is no concept of adultery or extramarital affairs in marriage law. Extramarital affairs and adultery belong to the category of disciplinary punishment and moral condemnation of party members and cadres.
history
China
In ancient China, the punishment for adultery was found in the "Shangshu", and the adulterer was punished by palace punishment.
In the Spring and Autumn Period, there were endless incidents of fornication among the princes, officials, officials, nobles, and nobles of various countries, and there were often incest acts such as adultery between superior and inferior relatives.
In 407 BC, Li Kui of the State of Wei strongly advocated the use of punishment for "excessive extravagance". The husband is the palace, saying that prostitution is forbidden."
"Historical Records of the First Emperor" said: "If you have a child and marry, you will die inside and outside, and prostitution is prohibited. The man and woman are sincere.
The Qin Dynasty set the capital punishment for "fornication", and "everyone can be executed", regardless of the murder. Killing can be done without notice, and lynching is legal.
The Han Dynasty continued Qin's law, and those who committed rape must be killed. And Emperor Wen of Han seemed to be a little more merciful. In addition to beheading, he added a more "gentle" corporal punishment: palace punishment. And for men, it's not very different from the death penalty.
Since the Tang Dynasty, the laws of all dynasties have imposed severe punishment on adultery. According to the "Tang Law": "A man and a woman will be arrested for one and a half years each for an adulterer." It also stipulates that all members of a family who are honorably victimized by the crime of rape have the right to capture adulterers and prostitutes and send them to officials. They resist arrest and kill them. be exempted from punishment or have a reduced sentence.
The "Daming Law" also stipulates: "Anyone who is a traitor, with eighty sticks, is guilty of the same crime as a man and a woman."
The laws of the Qing Dynasty followed the laws of the Ming and Yuan dynasties, allowing lynching, catching adulterers, and killing adulterous men and women on the spot. "Where wives and concubines commit adultery and capture an adulterer, an adulterer, and an adulterer in the place of adultery, no matter who kills the adulterer immediately, if only the adulterer is killed, the adulterer will be convicted according to the law and sold at the official price.
This situation did not initially change until Shen Jiaben presided over the practice of law in the late Qing Dynasty.
From then to now, Chinese law has followed the historical trend and no longer adjusts these situations that belong to the category of morality and ethics through criminal law. [2]
foreign
Adultery is criminalized in many U.S. states, but few are prosecuted for it.
Men who commit adultery in Islamic countries (whether they are adults or not) will be sentenced to stoning; women who are adults will also be stoned, and those who are underage will be punished with 100 lashes.
word explanation
◎ adultery tōngjiān
[commit adultery; be in lewdness with] Men and women who are not married (mostly referring to one or both of them are married) have sex
Detailed explanation
Also called "adultery". 1. Collusion with each other to do bad things.
Han Wangfu's "Qianfu Lun Shushu": "He gave back to the ministers, officials and adultery." "Chen Shu·Literary Biography·Chu Jie": "The county citizen Zhang Ci's, Wang Xiuda, etc. bribed the cunning officials. Adultery, the whole family is big, and the class is hidden." "The History of the Ming Dynasty, Zhang Juzheng Biography": "The left and right are also baptized to protect the wrong, and the four-dimensional censor Li Zhiji discusses Xu Jue and the security of fraudulent adultery."
(2). Both men and women have sex without being married (mostly referring to one or both parties already have a spouse).
"Jingben Popular Novels: Bodhisattva Man": "You bitch! You committed adultery with a poor monk, and his punishment was chased, but he got the money to return the palace for you?" "Uncle and sister-in-law commit adultery, and both are hanged." The sixth note of Ma Shitu's "Ten Stories of Nights": "A woman who violates the clan rules, commits adultery with others, and is caught by both, according to the rules, she is Shen He."
social hazard
When it comes to dealing with sex, there is such a sharp confrontation between human rationality on the surface and emotion in the bones. It is clear that the sexual resources of women (adult women) will not be flawed by rape, but deep down they are difficult to achieve. Get rid of the entanglement of this idea. Why? It turns out that sexual jealousy is at work. A man who has a certain female sexual resource will never let other men enjoy the specific sexual resource he has, unless the man has sexual dysfunction or is completely incompetent. That being the case, adultery is all the more reason to be considered a crime, and unlike rape, the man who commits adultery with his wife usually has a strong sexual attraction to his wife.
The wife's adultery with others will constitute a real "sexual theft" for the husband, and his wife is an accomplice in this crime, which can be regarded as "self-stealing". Furthermore, the social harm of adultery is somewhat more serious than that of rape. In real life, there are many murder cases caused by adultery. once a husband finds out that his wife has committed adultery with another person, or once his wife finds out that his husband has committed adultery with another person, in general, the husband or wife either takes revenge on the man or woman who committed adultery with the wife or husband, or takes revenge on the wife or husband. In a word, husbands and wives will not swallow their voices and will take certain measures of revenge. This not only destroys the families of both parties, but also easily leads to serious criminal offenses.
In the real society, adultery has been freed from criminal punishment, which may also be at fault for male hegemony. Men who are dominant in society have more opportunities to conspire with those women to enjoy other people's "sexual resources" for their own interests. And neglect the protection of victimized men and victimized women. Of course, there may be a variety of considerations for not criminalizing adultery, not least of which is that the limited violent resources of the state are used to punish a large number of illegal but consensual sexual acts, and It is so cumbersome to monitor that it is neither cost-effective nor dignified. Therefore, whether adultery is criminalized is open to question. Adultery is an unlawful sexual relationship between a married person and another person or a person without a spouse and a person with a spouse. Whether adultery constitutes a crime has always been different and controversial. The main reasons for advocating adultery as a crime are: first, adultery destroys the unity and harmony of other people's families, and the contradiction is easily intensified, resulting in adultery and murder, which is relatively harmful to society.
specific circumstances
In general, adultery is not a crime. But in the following cases, no matter how many reasons you have, you are still guilty:
Basis: "Article 236 of the Criminal Law of the People's Republic of China (Amended in 2011) [Crime of Rape] Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever rapes a young girl under the age of fourteen shall be regarded as rape and shall be severely punished. "That is to say, whether a young girl under the age of fourteen is willing or unwilling to have sex, it will be regarded as rape and severely punished.
Basis: "Article 259 of the Criminal Law of the People's Republic of China (Amended in 2011) [Crime of Destruction of Military Marriage; Crime of Rape] Whoever lives with or marries the spouse of an active serviceman knowingly, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. "
Basis: "Article 258 of the Criminal Law of the People's Republic of China (Amended in 2011) [Bigamy Crime] Whoever has a spouse and who is bigamed, or who knows that another person has a spouse and who marries them, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."
