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|Other Titles: ||The Context of Prohibition against Human Trafficking in Late Qing and the Republic of China|
Nupi;The Mixture of Goods and People;Human Trafficking;Human Rights;Late Qing Dynasty and Republic of China
|Issue Date: ||2014-10-06 17:14:08 (UTC+8)|
In traditional China, the emperors always divided their people into different social classes of different statuses of law according to their social status, professions and so on. Apparently, it was a hierarchy of social order. After the Han Dynasty, especially from the Tang Code to the Great Qing Legal Code, slaves were ranked as untouchables. The names of slaves were diverse. In the Tang Dynasty, for example, they included Puchu（部曲）, Kenu（客女）, Yuehjen（樂人）, Tsahu （雜戶）, Kuanhu（官戶） and Nupi（奴婢）. In the Qing Dynasty, the intellectuals, farmers, workmen and businessmen were included in upper social statuses, and Nupi, Changyu（娼優）and Litsu（隸卒） were in a lower class.In different dynasties, there had always been a prohibition against human trafficking, but not including slaves. What was the system behind the legal norm? In the 21st century, why are there still two crimes of “compelling people as slaves” and “trading people” in the criminallaw of R.O.C.? The issue is concerned with the development of human rights in the late Qing Dynasty and the R.O.C., so it deserves to be researched very carefully.An intriguing aspect of legal history is between the change and the unchanged. Why was the history of the slave trade so long? Why was the phenomenon changed in the late Qing Dynasty? To research the historical fact is not only to know “what” but also to know “why”, even connecting the past with the present and the future to search its meaning.
|Relation: ||法學評論 , 134 , 47-114|
|Data Type: ||article|
|Appears in Collections:||[法律學系] 期刊論文|
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