맹자와 순자의 윤리로 본 형사법의 간통

Finally, the Constitutional Court abolished adultery of criminal law, debate between abolition and retention for a long time. Because of it, Confucian ethical criminal law disappeared. However, as abolished adultery of criminal law, its ethics even was not disappear. Therefore, I researched it from Mengzi's and Xunzi's ethics. In Mengzi's view, good nature principle and distinction between couple, should be retained that, because human nature is benevolence, right, propriety and wisdom and distinction between couples means that should not do adultery. But in Gaozi's view, a scholar debate between Mengzi, to have sex with man and woman is natural. Consequently, adultery is natural. So, it should be abolish. in Xunzi's view, evil nature principle that criticized it of Menzi, should be abolished. But he argued that should educate adultery of men. Because, fighting arise from it. Gaozi did not say the education. This is s difference between Menzi and Xunzi. In Xunzi's view, if adultery developed fighting, it should retain. This is s difference between Menzi and Xunzi.