Abstract
In the Qing Dynasty, there was a great development of the system of exoneration of only child crime because of adoptive parent (duzi fanzui cunliuyangqin 獨子犯罪存留養親), which was ignored by the academic circle. Before the Qing Dynasty, the provisions on the system of exoneration of only child crime because of Adoptive parent in each dynasty were relatively simple and rough, and were not often put into practice, so they were often reduced to a mere formality.In the Qing Dynasty, the rulers actively absorbed the Han Confucian concept of kinship, and from the concept of compassionate punishment outside the law, they described in detail and expanded the categories of “elderly relatives,” (laoqin 老親), “widows,” (shuang fu 孀婦) and “single children” (danding 單丁) families applicable to one-child offenders. At the same time, according to the Confucian equivalent ethical concept of “father is father, son is son,” combined with the complex reality of “the whole family accomplice” (yijiaren gongfan 一家人共犯), parent-child separation, violation parents’ orders by Ldescendants (zisun weifan jiaoling 子孫違反教令 ) and recidivism (zaifan 再犯) in judicial practice, the rulers in the period of Kangxi-Yongzheng-Qianlong gradually considered the right and wrong issues in the ethics, and made quite sincere regulations on the applicable conditions of the provisions of exoneration of only child crime because of a doptive parent.
Keywords
the only son who serves his relatives, exoneration because of adoptive parent, elderly relatives and only child, only child crime, the whole family accomplice
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