嬰児殺の処罰に関する一考察 : 清代を中心として

概要

論文の詳細を見る
Some specialists on Chinese history of law systems admit the existence of the regulations for the infanticide punishments in the eras of the Sung dynasty and the Yuan dynasty. However, any evidence of their existence is not recognized in the lu (rules) of the Ming and Ch'ing dynasties. This paper aims to shed light on the following points : (1) in the Ch'ing dynasty era, the punishment regulations applied to the cases in which grandparents or parents commit homicide for their offsprings make up the non-existing punishment regulations for the infanticide, (2) very few cases of the actual punishments are found ; (3) the government wished to declare that the infanticide is flagrantly immoral. Actually the government hesitated to enforce even the moderate forms of regulations for the crime. The reason is that people could not help committing the infanticide in the misery of extreme poverty. Law enforcement officers who knew the situation were inclined to tolerate the deeds ; (4) the government frequently declared the enforcement of the punishment regulations, however in reality it was rarely implemented.
2003-12-25