更新时间:2024-09-07
《红楼梦》中话法律
袁琳(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第9期  
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AI 摘要

The novel "Dream of the Red Chamber" explores issues related to current laws, such as marriage law, inheritance law, and property rights, through short stories, reflecting the author's profound insight and criticism of social and legal phenomena at that time.

Criminal Responsibility Determination in the Yinglian Abduction Incident

The abduction of Yinglian in "Dream of the Red Chamber" involves the determination of criminal responsibility. Yinglian was abducted at the age of five, and the abducted child falsely claimed to be her father. After long-term abuse, she was sold out. According to Article 240 of the Criminal Law, the crime of trafficking in children can be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and the severity of the circumstances can lead to the death penalty. Buying abducted children also constitutes a crime, and according to Article 241, they can be sentenced to imprisonment for up to three years, detention, or public surveillance. If accompanied by other criminal acts, they must be punished for multiple crimes.

Under the body search, Tanchun's personal dignity was violated

In Chapter 74 of "Dream of the Red Chamber", Lady Wang ordered Wang Xifeng to conduct a plagiarism check in order to rectify the discipline of the Grand View Garden. During the search of Tanchun's residence, Wang Shanbao's wife lifted Tanchun's collar without her consent, causing Tanchun to feel that her personal dignity had been violated. According to Articles 38 and 37 of the Constitution of the People's Republic of China, the personal dignity and freedom of citizens are protected by law, and illegal searches are prohibited. According to the Criminal Procedure Law of the People's Republic of China, searches can only be conducted by investigators in accordance with the law under statutory circumstances. Therefore, Tanchun has the right to refuse illegal searches.

Does Wang Xifeng's lending constitute a crime

In "Dream of the Red Chamber", Wang Xifeng misappropriated funds from the Jia family to lend money to others. According to current laws, his behavior constitutes the crimes of embezzlement of funds and illegal business operations. Wang Xifeng took advantage of his position to engage in high interest loans to accumulate wealth and disrupt the order of the financial market, and should be subject to criminal punishment.

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