清代乾嘉时期家族内部犯罪研究

发布时间：2018-06-04 09:52

本文选题：乾嘉时期 + 家族　；参考：《烟台大学》2017年硕士论文

【摘要】：清代是较为繁荣的一个朝代,其对犯罪的记载也较为详尽。据统计,乾嘉时期家族内部多发人命、斗殴和伦理类犯罪。这些犯罪多使用刀斧等简单犯罪工具,并具有奸罪数量多、已婚女实施犯罪多于未婚女的特点。出现这种现象是因为封建等级秩序对家长权的维护、对女性的歧视。且家族成员多有同居共财关系,物质资料的争夺和封建礼教不断的压迫催生了家族成员间的犯罪行为。受礼法合一的影响,这些犯罪受到当时法律的重视。统治者注重维护封建家族内部的等级秩序,所以尊长受到的处罚往往轻于卑幼。刑罚中杖刑多作为徒刑和流刑的附加刑适用,且适用流刑时出现了加重刑和替代刑。面对家族内部犯罪,乾嘉时期的相关刑罚,体现了维护封建伦理道德、血缘关系和情理法兼顾的原则,这些原则有助于惩罚家族内部犯罪,提高家族凝聚力,促进社会和谐。但尊卑有别在封建思想中根深蒂固,法律对其过度维护,易导致家族内部犯罪适用刑罚的不平等。
[Abstract]:Qing Dynasty is a more prosperous dynasty, its record of crime is more detailed. According to statistics, the Qianjia period of family life, fighting and ethical crimes. These crimes use simple instruments such as knives and axes, and have the characteristics of more crimes committed by married women than those committed by unmarried women. This phenomenon is due to the feudal hierarchy of the maintenance of parental power, discrimination against women. And most of the family members have cohabitation and common financial relations, the material competition and the constant oppression of feudal ethics gave birth to the criminal behavior among the family members. Influenced by the unity of etiquette and law, these crimes were valued by the law at that time. Rulers pay attention to maintaining the hierarchical order within the feudal family, so the punishment of the elders is often lighter than the inferiority. In penalty, wand penalty is mostly used as supplementary punishment of imprisonment and flow penalty, and heavier penalty and substitute penalty appear when applying flow penalty. In the face of the crime within the family, the relevant penalties during the Qianjia period embodied the principles of maintaining feudal ethics, kinship and reason, which helped to punish the crime within the family, improve the cohesion of the family and promote social harmony. However, the superiority and inferiority are deeply rooted in the feudal thought, and the law overmaintains them, which easily leads to the inequality of the penalty applied to the crime within the family.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

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