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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
중국사학회 중국사연구 중국사연구 제60호
발행연도
2009.1
수록면
191 - 224 (34page)

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In all traditions and cultures, parricide has been considered as a horrendous crime. In China’s imperial judicial tradition, it was the worst single crime one could commit inside the family structure. This was reflected in the severity of the punishment meted out by those who were unfortunate enough to resort to it. They were sentenced to dismemberment through the renowned supplice of the “death by one thousand cuts”(lingchi chusi 凌遲處死). In this paper, I will shed light on a specific type of parricide – that committed by insane individuals – and limit my observations to the sole Qing dynasty (1644-1911). The choice might seem peculiar at first since all along the Qing, insane parricides were systematically assimilated to ordinary parricides sound of body and mind, and sentenced to lingchi. Legally, this not only meant that the insane was considered aware of his or her deed, but that he or she had committed it intentionally. Such assimilation ran contrary to the Chinese juridical tradition, which, at least from the Tang on, had always recognised madness as a mitigating factor in criminal circumstances, and devised specific judicial approaches in such cases. As “modern” as it may have been, this stance never led to a complete exemption of punishment for insane criminals. In fact, recent research has underlined a trend toward accrued penalisation for mad wrongdoers in China starting from the 18th century. But even in a context prone to criminalising madness, the legal procedures always maintained a clear distinction, for a similar crime, between sane and insane perpetrators. This principle suffered only one exception, parricide. This contribution will give some clues as to why. It will focus, first, on a survey of extent archival cases, and second, on an analysis of legal dispositions in the Qing legal Code, to understand up to what level the sentence of dismemberment systematically applied in such instances was actually sustained by traditional Chinese law.

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