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清代男风案按照犯罪主体和情节的不同可分为强奸幼童案、男子拒奸杀人案、儒师/僧道犯奸案、狎优蓄伶案、容留卖奸案以及特权阶层犯奸案等。通过分析各类男风案例,得出清代司法处理男风案的总体特点是严苛与宽容交织并存。影响司法的因素包括:政策、治安、教化、司法官个人偏好和士大夫对男风文化之认可等多个方面。清代治理男风犯罪首先表现出严苛的一面,试图通过司法对这一社会问题进行严格控制,但由于司法受到上述诸多因素的影响,最终导致失控的局面。这正是引致男风泛滥的重要原因之一,从而加剧了以《大清律例》为核心的法律控制体系的松弛。
According to the different subjects and circumstances of the crimes, the Qing style male cases can be divided into cases of rape of young children, cases of men’s refusing to kill, cases of infidelity by Confucianism / monks, cases of bad luck, cases of persecution of rape and privileged classmates Case and so on. By analyzing all kinds of male wind cases, we can draw the conclusion that the general characteristic of the male genders in judicatory handling in the Qing Dynasty is the coexistence of harshness and tolerance. Factors affecting the judiciary include: policy, law and order, education, the personal preferences of the magistrate and scholar-official recognition of the male culture and many other aspects. In the Qing Dynasty, the crime of managing men’s wind was the first to show the harsh side and trying to exercise strict control over this social issue through judicature. However, due to the influence of many factors mentioned above, the judiciary eventually led to a loss of control. This is one of the important reasons that lead to the proliferation of men’s style, thus aggravating the relaxation of the legal control system centered on the “Daqing law”.