On Adultery and Rape in the Han Dynasty:Focusing on Law in the Second Year During Queen of Lv's Reign:Law for Others
In the Han Dynasty,there were adultery and rape.As for adultery,both the involved male and female were the crime subjects,while only the male for rape and the subject was regarded as special for such crimes.The status and belongingness of the chil-dren born as a result of adultery or rape were generally determined by the part with lower status,but when one of the parties was a com-moner,the child belonged to this part and also a commoner,which was a legal safeguard from the State for the commoner group.In the Han Dynasty,the sentencing standards for adultery and rape varied according to the different identities of the crime subjects and the means for committing crimes.This,on the one hand,reflected the hierarchical and ethical differences in the Han Dynasty,with obvious ethical imprints,especially emphasizing the maintenance of the hierarchy of superiority and inferiority and the order of the family within the family.And on the other hand,it showed a gradual refinement of the legal provisions in the Han Dynasty as well as a tendency of the gradual rationalization of the severity of the penalties.The punishment for adultery and rape was obviously different in the early Han Dy-nasty and after Emperor Wen,which to a certain extent reflected the evolution of punishment in the Han Dynasty,and the elimination of castration was a very important turning point in the punishment for adultery and rape.
adultery and rapepunishment for rapelaw for otherslaw concerning dispossession
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