秦汉时期奸罪论考

A Study on the Adulteries during Qin and Han Dynasties

古代法中通奸是指男女之间不正当的性行为。通过对秦汉时期和奸、强奸、禽兽行、居丧奸四个种类,约81个事例和案例的考察,认为这一时期性关系比较宽泛,各类奸罪普遍存在,法律对奸罪的处置适用“奸罪非罪”或“奸罪轻刑”,其重点打击的奸罪仅为禽兽行。

According to the ancient law, adultery means improper kind of sexu＇,d behavior between man and woman, In this thesis, the author has explored as many as 81 eases to study the four categories of adulteries, i.e. , voluntary fornication, rape, incest, sexual intercourse conducted during the mourning period, and concluded that the sexual relations during this period is manifold and each kind of adulteries had existed widely. The adulteries were applied to ＂adultery is not a crime＂, or ＂adultery will be imposed on light penahy＂, The emphasis of penahy was only on the incest.