To put it simply, criminal law is used to govern life and death, distinguish between good and evil, maintain social order and curb violence, and prevent crime. Those wise rulers carefully observe the people's sentiments as they would the stars in the sky, analyze the situation as meticulously as one studies the hexagrams in the I Ching, and then formulate policies based on the changes of the five elements and four seasons. They always first extend kindness like a gentle spring breeze, and then enforce the law with severity like autumn frost. Therefore, they guide the people toward goodness through compassion, and when necessary, they use punishment to deter those who do evil. They view benevolence as an inherent part of human nature, propriety and righteousness as the foundations of social order, education as the foundation, and criminal law as a supplementary means. If those in power possess moral integrity, even if there is criminal law, it will not be needed; if those in power lack morality, no matter how many people are killed, the problem will not be solved. The Book of Documents states, "Educate them with morality, regulate them with rites and rituals, so that people will have internal constraints. If only political means are used to govern, and only criminal law is used to restrain, people will find ways to evade." Therefore, in governing a country, it is necessary to first persuade people to do good, and ultimately to prohibit violence, which necessitates the use of punishment.
When the world is peaceful, politics are clear, and society is in good order, like the tracks of a wheel, an atmosphere of benevolence and auspiciousness pervades the land, the legal texts are simple and clear, the national laws and decrees are stable and reliable, shining brightly like the sun and moon, easily understood, like a wide road where no one gets lost.
Punishment—those weapons, axes, knives, saws, whips, wooden staffs, instruments of punishment—displayed in the fields and openly used in the marketplaces and courts, the origins of punishment have existed for a very long time.
In ancient times, like the era of the Dragon Officials, which preceded the Phoenix Era, people used knotting to record events, without legal constraints; everyone respected each other and followed the rules. During the Five Emperors period, various drawings were used to distinguish identities, and during the Three Kings period, the practice of tattooing words on criminals' skin was employed. Similar to the amnesty granted by Emperor Shun, during the time of King Wen, there were three thousand laws governing punishments, and Emperor Yu of Xia was concerned about the execution of punishments, inheriting the benevolence of Emperor Yao. People in Gaomi lamented the injustices faced by criminals, still reminiscing about the benevolence of Emperor Shun. After the Shang Dynasty, morality declined, drifting further from the ideals of benevolence and righteousness. If King Zhou of Shang could emulate King Cheng Tang, not resorting to cruel tortures such as "pao luo," and governing with benevolence and righteousness, then King Wen of Zhou would not have raised an army to attack but would have lived in peace. The Zhou Dynasty instituted the Three Strikes system to prevent the abuse of punishments and introduced the Three Pardons system to grant clemency to the people. King Cheng and King Kang rarely imposed punishments during their forty-two years of reign. As a gentle breeze blew, praises echoed, and envoys from the far-off kingdom of Yue arrived with tributes, traveling great distances to express their allegiance.
The State of Lu bordered the States of Yan and Qi, while the State of Chu neighbored the States of Zheng and Jin. At that time, all states attached importance to debate, and a nation's strength did not rely on harsh laws and penalties. This is why Duke Huan of Qi led military campaigns, while Confucius criticized the contemporary punishment system, and Shuxiang wrote letters of advice. The Yellow River flooded, affecting thousands of miles. The political situation of the various states could not compare to the governance of the Zhou Dynasty. The State of Qin originated from the Western Rong and initially pacified the world. At that time, people laid down their weapons, looked to divine favor, and prayed for blessings. However, Qin Shihuang implemented a harsh rule in political and educational governance, imposing tyranny nationwide. The people privately discussed and complained about the harsh punishments that caused them suffering. The court was filled with torture, and prisoners donned reddish-orange uniforms as they walked through the streets. Generals feared execution, and Maofu pleaded with the emperor for clemency for those on death row. Emperor Gaozu of Han initially established the Three Chapters Law to reassure the people of Qin. Emperor Wen of Han personally handled affairs of state and reduced punishments. Emperor Xuan of Han implemented a meticulous political strategy with detailed legal provisions, appointing Ding Guo as the Minister of Justice and Huang Ba as the Minister of Penal Affairs. After handling various cases each autumn, the emperor frequently visited the Xuan Palace to observe fasting and manage state affairs, being keen and compassionate, renowned for his leniency and simplicity. Emperor Guangwu restored the Han Dynasty's system, so during the two Han periods, there were few reports of cruel punishments. Emperor Wu of Wei, Cao Cao, established an easier punishment system, and Emperor Xuanzong of Tang reduced the severity of death penalties. As the Central Plains declined and the Three Kingdoms of Wu, Shu, and Wei emerged, there was little time to address the people's suffering, leading to lighter punishments. After the Jin Dynasty pacified the State of Wu and unified the country, Jia Chong was appointed to establish a penal code, ensuring internal peace and fostering friendly relations with neighboring states. The punishments were light and simple, known as lenient, so the Song and Qi dynasties continued this system.
If punishments fluctuate with emotions, political justice is lost, laws are made as randomly as autumn's wild grass, legal nets are as fleeting as morning dew, people are killed at will to fulfill personal desires, like Sui Emperor Yang Jian indiscriminately killing the innocent, like Qi Emperor Gao Yang arbitrarily executing ministers; these are personal grievances, unconnected to national law. Confucius said: "Confusion in punishments affects politics, and confusion in politics affects oneself." What one truly yearns for is the essence of good and evil. The works of Biao and Yue lack a section on criminal law, and the works of Zang and Xiao have many omissions; thus, these scattered historical records were compiled up to the Sui Dynasty and included in this section.
After Emperor Wu of Liang ascended the throne, he found that the rule of the previous Qi dynasty was quite poor, and the laws and regulations were chaotic. So he decided to rectify the laws, referring to the old practices of the Zhou and Han dynasties, allowing wrongdoers to redeem themselves. Specifically, officials who committed crimes were fined; punishments such as whipping and caning could be offset with money. Even minor officials and soldiers in the palace could seek redemption if they wished.
At that time, Emperor Wu of Liang wanted to re-establish the legal provisions. An old minister from the Qi dynasty named Cai Fadu was said to exist, whose family had a long-standing tradition of studying law. He knew that during the reign of Emperor Wu of Qi, an official named Wang Zhi compiled the old laws of Zhang and Du into a book, totaling one thousand five hundred thirty articles. Unfortunately, it was never implemented, and the book was nearly lost; only Cai Fadu still remembered it. So Emperor Wu of Liang appointed Cai Fadu as the chief editor of the Ministry of Punishments, tasking him with revising and supplementing Wang Zhi's old version, and to re-establish the "Liang Code."
In the first year of Tianjian, August, Emperor Wu of Liang issued a decree, saying: "The previous laws and regulations are inconsistent, so it is difficult to solve problems. Acts such as murder, injury, fraud, and deception all have corresponding legal provisions, which are standard offenses and straightforward to regulate. However, issues like 'one woman with three husbands' could warrant beheading and imprisonment, which are difficult to predict and not clearly defined in the law. Laws and regulations of past dynasties have been continuously revised and supplemented, each with its own rationale. Provisions that are empty and lack meaning should be abolished. Select provisions that remain adaptable to change, use one as a foundational basis, and then supplement other relevant provisions. If two laws have similar content, keep one; if two laws have different interpretations of the same matter, keep both. Let all departments participate in discussions to determine which provisions are practical and more suitable as standards. Then it can be officially established as the 'Liang Code.' The Ministry of Personnel should be responsible for organizing these legal provisions, but when sending them to various prefectures, only the most important content should be excerpted to prevent varying interpretations of the law across regions."
Cai Fadu further said: "During the Wei and Jin dynasties, laws were formulated by consulting only a few people. Now, if everyone's opinions are sought, it may take a long time and be difficult to make decisions." So Emperor Wu of Liang invited the Minister of Personnel, Wang Liang, the Palace Attendant, Wang Ying, the Minister of Works, Shen Yue, the Minister of Personnel, Fan Yun, the Palace Attendant, Liu Yun, the Yellow Gate Attendant, Fu Zhao, the Attendant Cavalry of the Imperial Guards, Kong Ai, the Deputy Imperial Censor, Le Ai, and the Deputy Minister of Ceremonies, Xu Mao, to discuss and ultimately finalize the 'Liang Code,' which consists of twenty chapters:
- Criminal Names
- Legal Principles
- Theft and Robbery
- Rebellion and Treason
- Fraud and Deception
- Bribery
- Accusations
- Arrests
- Interrogations
- Judicial Decisions
- Miscellaneous
- Households
- Unauthorized Activities
- Destruction
- Guarding the Palace
- Fire and Water
- Warehouses
- Stables
- Customs
- Violations of Regulations.
Punishments are divided into fifteen levels: from exile onwards are considered capital crimes, serious crimes are punishable by beheading as a public spectacle, and lesser serious crimes lead to exile. Sentences longer than two years are classified as penal servitude, which means prisoners are assigned work according to their abilities. There is also the punishment of shaving the head and wearing a cangue for five years, with a fine of sixty pieces of silk for men: four years, forty-eight pieces of silk; three years, thirty-six pieces of silk; two years, twenty-four pieces of silk. Fines exceeding one tael are considered a form of redemption, with the redemption for capital crimes requiring two jin of gold, or sixteen pieces of silk for men. The redemption for five years of shaving and binding entails a fine of one jin and twelve taels, or fourteen pieces of silk; the redemption for four years is one jin and eight taels or twelve pieces of silk; the redemption for three years is one jin and four taels or ten pieces of silk; the redemption for two years is one jin, eight pieces of silk; fines of twelve taels, six pieces of silk; eight taels, four pieces of silk; four taels, two pieces of silk; two taels, one piece of silk; one tael, two zhang of silk. For women, the penalties are half those of men. If the five basic punishments are insufficient, five types of fines are used as supplements, and if those are still not enough, five types of minor offenses are used as supplements, measured by redemption, leading to the establishment of these fifteen levels.
In addition, nine levels are specified: one year of sentence, half a year of sentence, one hundred days' imprisonment, two hundred lashes, one hundred lashes, fifty lashes, thirty lashes, twenty lashes, ten lashes. There are also eight levels: 1. dismissal from office, plus one hundred lashes; 2. dismissal from office; 3. confiscation of one hundred days' wages, plus one hundred lashes; 4. one hundred lashes; 5. fifty lashes; 6. thirty lashes; 7. twenty lashes; 8. ten lashes. To increase punishment, go up the scale; to decrease it, go down. All detained individuals, if unable to pay the fine in time, will face increased punishment, without discrimination based on status. If a person of high status commits a crime and refuses to pay the fine for redemption, and requires an increased punishment, it must be discussed first before execution. Each person is allowed only one meal of porridge per day, measuring two liters; women and children can only eat porridge after burning one hundred and fifty incense sticks, up to a maximum of one thousand incense sticks. Various instruments of punishment also vary in weight and size. Whips are divided into three types: regulation whip, legal whip, and ordinary whip. The regulation whip is made of raw leather and is smooth; the legal whip is made of raw leather and is not smooth; the ordinary whip is made of tanned leather and is not smooth. Canes are also divided into three types: large cane, legal cane, small cane. The various forms of caning for serious crimes do not exceed fifty or thirty lashes; for minor crimes, twenty lashes. If the punishment exceeds two hundred lashes, it is reduced by half, with the remaining lashes to be executed later, with whips and canes used in rotation. Elderly people and children receive half the punishment. If legal whips and canes are to be used, tanned leather whips and small canes are used instead. For more than fifty lashes, they must be executed in batches. Officers above a certain rank and women can pay a fine instead. Those for whom the law clearly defines a method of punishment are exempt from this new rule. During interrogations, punishments are carried out with tanned leather whips and small canes. Smooth whips and canes, legal whips and canes cannot be used without a special decree. In the capital, whipping and caning are conducted at Cloud Dragon Gate. Pregnant women cannot be punished. Those guilty of treason, rebellion, and other heinous crimes shall be executed by beheading. Fields jointly owned by fathe
In ancient times, there was a rule that offenders would be punished, though the severity of punishment varied. If you offended public opinion, you would never be able to hold your head high again. People exempt from corporal punishment included those over 80 years old, children under 10, pregnant women, blind people, little people, those who were subject to torture, officials above the rank of county magistrate, as well as the parents and wives of officials holding a rank of district marquis (unless they committed a capital crime), and officials holding a rank of 2,000 shi or higher (unless they committed a crime in the line of duty).
Then, Yan Yang, the magistrate, went to inspect the prison in Jiankang County, where three officials reviewed cases and determined right from wrong. If the personnel responsible for recording at the Ministry of Personnel were present, they would review the cases together with the officials of the Ministry of Personnel. A total of 2,529 articles were established.
On the day of Guimao in April of the second year, the emperor approved new legal articles, as well as thirty volumes of "Orders" and thirty volumes of "Regulations." The emperor appointed the law as the Chief Justice and ordered the implementation of the new laws nationwide.
In the third year of August, there was a woman named Ren Ti Nü in Jiankang who was sentenced to death for luring others into criminal acts. Her son Jing Ci said during the trial that his mother did indeed commit the crime. The judge in charge of the case, Yu Seng Qiu, reported: "This is a family matter; although there are hidden reasons, the crime does not warrant death. Even Confucius would not approve of a son testifying against his mother. Jing Ci was unaware of the consequences; the evidence supporting the death penalty is compelling, and sentencing her to death for implicating a family member would undermine moral standards. I respectfully request Your Majesty to reconsider this case and lessen the punishment; how can we watch the mother be put to death just to avoid a five-year sentence? Jing Ci should have his punishment reduced." The emperor ordered Jing Ci to be exiled to Jiaozhou. As a result, the charge of exile was added. On the day of Jiazi in October of the same year, the emperor ordered that gold and silver could be used to redeem sins, and some punishments should be reduced. Therefore, the provision allowing for redemption was abolished.
Emperor Wu was very tolerant towards his clan members and treated court officials well. For those officials who committed crimes, he secretly advised others to be lenient in their punishment. However, when common people committed crimes, he strictly followed the law. As a result, no one, young or old, could escape being implicated. If one person fled, the whole family would be arrested to take the blame. The common people were cornered, which led to more crimes. Later, when the Emperor went to the southern suburbs to make sacrifices, an old man from Moling stopped the Emperor and said, "Your Majesty, your laws are too harsh on the common people and too lenient on the privileged. This won't work in the long run. If it were the other way around, the world would be at peace." After hearing this, the Emperor began to consider reducing penalties. Previously, the law stated that if a husband committed a crime, his wife would also be punished; if a son committed a crime, his parents would also be punished. On the day of Renchen in the eleventh year, the Emperor ordered, "From now on, when arresting criminals, if there are elderly or children in the family, they can be temporarily spared." In the fourteenth year, the punishment of tattooing faces was abolished. The Emperor longed for a refined Confucian atmosphere, relaxed the criminal law, and neither the court ministers nor local officials paid much attention to handling cases. Cunning officials took advantage of this situation, manipulating the law, which led to a rise in bribery and many wrongful convictions. About every two years, over five thousand people were executed. Exiles had five tasks to choose from, but those with no options were shackled, only temporarily exempted if they fell ill. Later on, prisoners even got to watch plays.
During the era of Datong, the Crown Prince was managing state affairs in the Eastern Palace. He felt sympathy for those affected and wrote to the Emperor, saying: "Recently, I have been responsible for the miscellaneous matters in the capital. I found that reports from the North and South suburbs, the Materials Office, the Carriage Department, the lower division of the Imperial Household Department, and the Left Department all requested the use of criminals sentenced to light crimes with sentences of four to five years or less to help with work. Originally, punishments should be based on the severity of the crime, but now it is different. Person A is assigned to the Money Bureau, while person B is assigned to the suburbs. The Money Bureau has only three positions, which are quite demanding, while the suburbs have six positions that offer much easier work. I urge the prison officials to carefully assess the feasibility, as this could lead to more opportunities for exploiting legal loopholes. Finding suitable individuals to ensure fairness and justice is challenging, while taking shortcuts is all too easy. I believe we should establish detailed regulations as permanent guidelines." The Emperor replied: "In recent years, various tasks across different regions have depended on exiled criminals for labor, and there is an urgent need for manpower. If the regulations are overly detailed, like a fine thread, they may not be available when truly needed. This could result in various lawsuits and complicate matters even further. Preventing crafty individuals from taking advantage of loopholes is even more challenging. We should seek alternative methods and more convenient solutions." Ultimately, the Emperor chose not to accept the Crown Prince's suggestion.
At that time, the nobles had all grown up, each becoming arrogant and lawless. Emperor Wu grew old, tired of handling state affairs, and focused on practicing Buddhism. Whenever he had to pass a severe sentence, he would be gloomy and frowning all day. Once, while Emperor Wu was playing in the Southern Park, Prince Hong of Linyi actually ambushed people under the bridge, planning a rebellion. After the plot was exposed, the authorities called for his execution. The emperor just cried and said, "What do you think you are? I have ten times more talented people under my command, but they live in constant fear every day. Can't I be as generous and kind as Duke Zhou? I'll let you go this time because of your foolishness!" He dismissed him from his position. After some time, he was reinstated in his original position. As a result, the nobles' arrogance grew even more rampant, some even committing murder in broad daylight in the capital city streets, with bandits and robbers hiding in the mansions of the nobles. At dusk, they would come out to rob passersby, a practice known as "da ji" (robbery). Emperor Wu knew the dangers of this phenomenon but found it hard to completely eliminate it. In the eleventh year of the reign, in October, the system of atonement was reinstated.
On the first day of the seventh month of the first year of the Dadi era, the emperor issued a decree saying, "From now on, if a person commits a crime that is not a heinous offense, their parents and grandparents will not be implicated." From then on, the constraints of the law became increasingly relaxed, and the people lived in peace and contentment. However, the criminal activities of the high-ranking officials and nobles became even more rampant. Shortly thereafter, Hou Jing launched a rebellion.
After Emperor Yuan ascended to the throne, he loathed the previous emperor's lenient policies, and Emperor Yuan himself was truly ruthless. When the Zhou army arrived at the city gates, there were nearly a thousand condemned prisoners in the prison. The officials in charge of the prison requested that they all be released to serve as soldiers. However, Emperor Yuan refused and ordered them all to be executed. Before this order could be executed, the city was breached. Later, Emperor Jing succeeded to the throne, and the harsh laws and punishments of his predecessor came to an end.
After Emperor Jing took office, the severe laws and punishments of the past came to an end. Emperor Yuan was truly ruthless; he couldn't stand the policies of the previous emperor and was a particularly severe person himself. When the Zhou army arrived, the prison was nearly overflowing with condemned prisoners. The officials thought, why not release them to serve as soldiers? It would also boost morale. As a result, Emperor Yuan directly refused and ordered all these people to be executed! Before this order could be executed, the city was breached, which is quite ironic.
During the final years of the Chen Dynasty, chaos swept across the land, with laws and regulations in disarray and poorly enforced. When Emperor Wu ascended to the throne, he wanted to change this situation. He issued a decree saying, "I have heard that during the times of Tang, Yao, and Shun, politics were clear and only used images for warnings, without resorting to punishment; while in the times of Xia and Shang, morality was corrupt, and even the innocent were often implicated. By the end of the dynasty, there were more and more laws and regulations, not to mention in times of chaos when laws were even more chaotic. Having just inherited the throne, I want to reform politics, internally by selecting talents, amending laws and regulations, encouraging open discussion among courtiers while striving for simplicity and clarity."
Therefore, the court gradually sought out astute officials from the Liang Dynasty period to revise the laws alongside the Minister of Rites, Fan Quan. The Minister Shen Qin, the Minister of Personnel Xu Ling, the acting Minister Zong Yuanrao, and the acting Minister He Lang were also ordered to participate in this matter, ultimately producing 30 volumes of "Laws" and 40 volumes of "Regulations." These laws referred to the laws of the previous dynasty, streamlining the content by removing redundancies and complexities. Although there were many articles, not all were important. These laws were primarily aimed at severely punishing behaviors that undermine social morality. For example, those in the scholar-official class who committed crimes that violated social ethics, were unfilial to their parents, or participated in internal turmoil, would face exile by imperial decree and be barred from holding official positions for life. If someone from the scholar-official class married into a family, the woman's family was permitted to annul the marriage. For captured bandit leaders and scholars who committed heinous crimes, the death penalty could be commuted, but they would still face other penalties, and their wives were allowed to serve as government laborers without a specified term of service. At the same time, the laws allowing for redemption were retained, and the punishment of collective responsibility for parents was reinstated. The remaining articles regarding severity, complexity, and urgency continued to adhere to the laws of the Liang Dynasty.
If the criminal's stolen goods are conclusive, but they refuse to admit it, the punishment known as "Shang Ce" is applied. "Shang Ce" is a punishment where a mound of earth is shaped to be one foot high, wider at the top and narrower at the base, and the criminal must stand on it with both feet. They are then whipped 20 times, followed by 30 lashes, and then handcuffed and shackled while standing on the mound. Every 15 minutes, they are placed on a new mound, twice a day. This continues for seven days, with whipping occurring daily. A total of 150 lashes are given, and if they can endure it, they can avoid the death penalty. For those sentenced to head shaving and five years of whipping, the death penalty is reduced by one degree, and they are fitted with two layers of shackles; for those sentenced to less than five years, they wear one layer of shackles. Those sentenced to five or four years, if they are officials, will have their sentence reduced to two years, while the rest will serve hard labor; those sentenced to three years, if they are officials, will have their sentence reduced to two years, while the rest will serve one year before being able to redeem themselves. If an official commits an offense due to negligence in official duties, they will be fined. Officials sentenced to two years can redeem themselves; those sentenced to one year, regardless of their official status, can also redeem themselves. Commoners face whipping or caning depending on the severity of their offenses. Criminals wear handcuffs, while felons are shackled, regardless of rank. Those sentenced to death must be transported in a prisoner cart, wearing handcuffs, shackles, and a yoke. Upon arrival at the execution ground, the handcuffs and yoke are taken off. Executions in crowded areas must occur during daylight and in fair weather. Executions are not carried out on the first and fifteenth day of the month, on the eight solar terms, on six designated days, as well as when the moon is in the Zhang constellation. The Tingwei Temple is the northern prison, while Jiankang County is the southern prison, both managed by a prison warden. Additionally, every three months, the Shizhong, Shangshu, San Gong Langguan, Budu Lingshi, San Gong Luyuan Bureau Lingshi, Yushi Zhongcheng, Shiyushi, and Lantai Lingshi must personally inspect the capital's prisons and smelting factories to investigate and address the grievances of the prisoners.
Emperor Wen of Han was a very discerning ruler, particularly concerned with matters of law. He personally inquired about and handled court cases, strictly supervising his subordinates in their duties. Therefore, during his reign, the political atmosphere was particularly good and strict. At that time, following the rule of Emperor Wen and Emperor Jing, some of the meritorious officials and nobles began to break the rules. Emperor Wen strictly enforced the law and dealt with them, so he was considered somewhat severe at that time.
Later, Emperor Xuan became emperor and placed great importance on civil and military officials, implementing straightforward policies that were well-received by everyone. Consequently, the court's decrees became more lenient, and the laws were not as strict. However, due to several years of continuous warfare, the common people were exhausted, and many of them turned to banditry.
Later on, Emperor Liu's successor, Empress Dowager Lu, held significant power, and she trusted treacherous individuals. Her subordinates ran rampant, engaging in bribery and corruption. The orders for rewards and punishments did not come from the emperor himself. This empress was not only suspicious and cruel but also particularly vengeful; her orders were not obeyed, and anyone who displeased her was immediately executed. The people were rife with complaints, which eventually led to the downfall of the country.
During the reigns of Emperor Wu of Qi and Emperor Wen of Wei, the old laws of the Wei Dynasty were still in effect. It was not until the first year of Emperor Wen's Tianbao era that officials were ordered to revise the "Linzi Ge" of the Wei Dynasty. At that time, the country was busy with warfare, the decrees lacked consistency, and there were rarely clear judgments based on the law. Everyone had to improvise, a practice known as "adapting laws as necessary."
When Fang Chao, a man from Qinghe County, was serving as the governor of Liyang, a man named Zhao Daode sent someone to deliver a letter to him. Fang Chao didn't bother to read the letter and killed the messenger instead. Emperor Wenxuan then ordered all local officials to prepare clubs to punish those who sent letters seeking mercy. Later, the official Song Gui wrote, "In the past, Cao Cao used the practice of displaying clubs to deter chaotic times. Now, in times of peace and prosperity, doing the same may not be appropriate. If one accepts bribes to intercede, they deserve death, but how should officials who abuse private punishment be punished?" Therefore, Emperor Wenxuan canceled this order.
Shortly after, the Minister of Works, Zhang Lao, wrote that since the founding of Daqi, the laws had not been changed, which hindered the establishment of a new legal system and the change in people's perceptions. Therefore, Emperor Wenxuan ordered officials to formulate the "Laws of Qi," but it ended up taking several years to finalize, and cases were still judged according to the old laws of the Wei Dynasty. At that time, criminal law had only recently been introduced, and officials were still relatively compliant with the laws.
Over time, the emperor gradually became arrogant, cruel, and capricious, indulging in alcohol and becoming tyrannical. He had torture devices like large pots, long saws, and stone mills displayed in the palace, and would personally kill people when in a bad mood, or order others to dismember and consume them to relieve his frustrations. At that time, the Minister of Works, Yang Zunyan, had the prisoners who had been sentenced to death locked up and placed next to the guards. If the emperor wanted to kill someone, he would have these prisoners brought in to be killed, known as "imperial supply prisoners." Those who remained alive after three months in prison had their death sentences commuted.
The emperor once went to the Golden Phoenix Terrace to receive Buddhist teachings and also summoned many death row prisoners, giving them wings made of bamboo strips and ordering them to jump from a high place, claiming it was an act of liberation. As a result, they all fell to their deaths, while the emperor looked on, reveling in the spectacle. At that time, officials at every level resorted to torture during interrogations. When questioning prisoners, they used whips made from wheel spokes, pinched fingers and pressed ankles, placed burning plows on the ears of the prisoners, or forced the prisoners' arms through red-hot iron axles. Unable to bear the torture, the prisoners all confessed.
In the seventh year of Tianbao, Bai Piao, the inspector of Yuzhou, was denounced by the Left Minister Lu Fei, so Bai Piao falsely accused Lu Fei of bribery in prison. Emperor Wenxuan knew he was making false accusations, so he ordered an investigation, which revealed that Lu Fei had indeed not taken bribes. Therefore, the emperor ordered the eight seats (referring to senior court officials) to decide on the procedures and standards for filing cases, and those who committed crimes could not file complaints. As a result, those who wanted to frame others would first make false accusations, making others appear guilty, and officials struggled to make fair judgments. With everyone accusing each other, the number of individuals involved in major cases often swelled to the thousands, dragging on for several years.
Despite this, the emperor delegated political affairs to his assistant minister Yang Zunyan to compensate for his own shortcomings, leading people to privately discuss the emperor's incompetence, while noting that political affairs remained relatively transparent.
When Emperor Xiaozhao was the Crown Prince, he was already aware of some mistakes he had made. After he ascended the throne, he planned to carry out reforms, but he died shortly thereafter. After Emperor Wucheng ascended the throne, he aimed to exercise leniency in punishments as much as possible. In the first year of the Daning era, he issued a decree saying: "The most crucial aspect of an emperor's governance is the system of rewards and punishments. Rewards must be fair, and punishments must be just. However, it can often be challenging to assess the severity and urgency of situations. Officials responsible for handling cases may be negligent, and legal provisions may not cover all aspects. Consider the standards established by King Wen for selecting officials and the principle of resolving disputes promoted by Confucius. The criteria for rewards and punishments should aim to be fair and appropriate. From now on, for all matters requiring rewards and punishments, heavier consideration should be given to questionable rewards, and lighter consideration should be given to questionable punishments." He also urged officials to make improvements in light of the deficiencies in the laws.
In the third year of Heqing, Zhao Junwang Rui, the Minister of Works, and others submitted twelve chapters of the "Qi Code," namely "Names and Examples," "Forbidden Guard," "Marriage Households," "Unauthorized Activities," "Violations of Regulations," "Fraud and Deception," "Disputes and Quarrels," "Thieves and Robbers," "Arrests and Punishments," "Destruction and Damage," "Stables and Pastures," and "Miscellaneous." A total of 949 criminal charges were specified. They also submitted forty volumes of "New Laws," with most of the content referencing legal systems from the Wei and Jin dynasties. This legal system divided punishments into five categories: the first category is capital punishment, with the most severe punishment being dismemberment, followed by decapitation, with the body displayed publicly for three days; if there is no marketplace in the city, the body is placed in a prominent location in the village. The second category is exile, which refers to criminals who were originally sentenced to death but, due to special circumstances, their punishment can be reduced. They are first whipped a hundred times, their hair shaved, and then sent to the border to serve as soldiers without a specific distance requirement. Those not suitable for long-distance exile are sentenced to long-term imprisonment, six years for both men and women. The third category is corporal punishment, divided into five categories: five years, four years, three years, two years, and one year, with a hundred lashes for each category; those sentenced to five years of imprisonment receive an additional eighty lashes, four years receive sixty lashes, three years receive forty lashes, two years receive twenty lashes, and one year receives no lashes. These prisoners are sent to the Left School wearing leg shackles, without shaving their heads, and those without guarantors must wear leg shackles. Women are sentenced to pounding grain or weaving cloth in the imperial palace. The fourth category is flogging, with a hundred, eighty, sixty, fifty, and forty-five lashes. The fifth category is caning, with thirty, twenty, and thirteen strokes. A total of fifteen levels. If the punishment needs to be increased, it is raised by one level; if it needs to be reduced, it is lowered by one level. Fines were previously paid in gold, but now they are paid with silk. Capital punishment requires a hundred pieces of silk, exile requires ninety-two pieces, five years of imprisonment requires seventy-eight pieces, four years of imprisonment requires sixty-four pieces, three years of imprisonment requires fifty pieces, two years of imprisonment requires thirty-six pieces, all including the number of lashes. One year of imprisonment without lashes requires twenty-four pieces of silk. For every ten lashes or strokes, one piece of silk is paid; for a hundred lashes, ten pieces of silk are paid. In places without silk, money is collected based on the price of silk. From ten lashes to the death penalty, all can be redeemed, divided into fifteen levels, with adjustments based on the severity of the crime, similar to formal sentencing. Those eligible for redemption include exiled officials, individuals of equivalent rank and age, the elderly, the infirm, the disabled, the mentally handicapped, and those who have committed offenses. Those who need to pay a piece of silk or receive more than ten strokes of caning are considered criminals. Those who steal and flee after committing murder must register and send a family member to serve at the post station. Members of the royal family are not registered for theft, do not serve at the post station, and are not subject to palace punishment. Those eligible for redemption below exile and female offenders below corporal punishment, as well as dwarves, the seriously ill, and the disabled, as long as they are not sentenced to death, are bound with ropes. Those sentenced to more than a year must wear leg shackles, and those without leg shackles are put in stocks. Those sentenced to exile or above are also shackled. Those sentenced to death are bound with execution devices. During the execution of flogging in exile, the back of the prisoner is whipped, and after fifty lashes, a new person takes over. The whip's sheath is made from seasoned leather, with the edges shaved off. The whip wounds are one foot long. Caning is done on the arms without changing people. The cane is three feet five inches long, with a large end diameter of two and a half fen and a small end diameter of one and a half fen. Those sentenced to fewer than thirty strokes of caning have a cane length of four feet, a large end diameter of three fen, and a small end diameter of two fen. Committing a crime in an official office, ten lashes or strokes count as one infraction. Six infractions in a casual office are considered one court, eight infractions in a medium office are considered one court, and ten infractions in a busy office are considered one court. If there is more than one court, they are calculated by infractions. On the day of general amnesty, the Wuku Ling sets up a golden rooster and a drum on the right side of the Changhe Gate, gathers the prisoners in front of the palace gates, strikes the drum a thousand times, releases them from their restraints.
It also lists ten major crimes: rebellion, high treason, treason, surrender, evil rebellion, lack of virtue, lack of respect, lack of filial piety, lack of righteousness, and internal turmoil. Those who commit these ten crimes are not within the scope of the eight discussions regarding redemption. Afterwards, the laws were clear and succinct, and officials were ordered to study regularly. This is why most people in Qi had a good grasp of the law. Those that could not be established as fixed laws had two additional volumes titled "Rights and Regulations" established, which were implemented at the same time. Later, when the King of Qin, Gao Guiyan, plotted a rebellion and required a conviction, there were no relevant articles in the law, so the "Separate Rights and Regulations" were introduced and implemented alongside the law. The officials of the Dali Temple were proficient in the law, and they engaged in mutual back-scratching, trying to attach light crime regulations to cases they wanted to be lightly judged, and attaching serious crime regulations to cases they wanted to be heavily judged, allowing crafty officials to manipulate language and exploit legal loopholes. By the time of the later reign, the powerful ministers held sway, and those who did not comply with the powerful ministers were secretly targeted through legal means. As discipline eroded, this ultimately led to the nation's downfall.
During the early years of Emperor Wen of Western Wei's rise to power in Guanzhong, many rules and regulations were incomplete. In the first year of Dàtǒng, he ordered relevant departments to draw on both ancient and contemporary practices to develop twenty-four proposals aimed at improving governance for submission. Seven years later, he issued twelve new regulations. After ten years, the Wei Emperor instructed Minister of Personnel Sù Chuò to revise and refine these thirty-six regulations, compile them into five volumes, and implement them nationwide. Later, he appointed the Henan native Zhào Sù as the new Minister of Justice to continue this work. Zhào Sù worked tirelessly for many years and eventually died from illness. Therefore, Tuòbá Dí was appointed as the new Minister of Justice to continue this work. It wasn't until the third month of the third year of the Bǎodìng era that this work was finally completed. This body of laws came to be known as the "Dàlǜ," comprising twenty-five sections: criminal definitions, legal provisions, sacrificial offerings, court sessions, marriage, household regulations, water and fire safety, construction and repairs, palace security, markets and shops, disputes and competitions, robbery and theft, treason and rebellion, destruction and ruin, violations, customs and ferries, feudal lords, stables and pastures, miscellaneous offenses, fraud and deceit, petitions, complaints, escape, interrogations, and judgments. The law stipulated a total of 1,537 criminal offenses.
This law stipulates punishments for various crimes in five categories: corporal punishment, flogging, penal servitude, exile, and death penalty, each with five degrees, making for a total of twenty-five degrees. Corporal punishment ranges from ten to fifty; flogging ranges from sixty to one hundred; penal servitude includes sixty lashes for one year, with ten strokes; seventy lashes for two years, with twenty strokes; eighty lashes for three years, with thirty strokes; ninety lashes for four years, with forty strokes; one hundred lashes for five years, with fifty strokes; exile involves being sent to serve in a distant location (2500 li from the imperial capital), with one hundred lashes and sixty strokes; exile to a more distant location (3000 li from the imperial capital) involves one hundred lashes and seventy strokes; exile to a desolate location (3500 li from the imperial capital) involves one hundred lashes and eighty strokes; exile to a remote location (4000 li from the imperial capital) involves one hundred lashes and ninety strokes; exile to a distant border region (4500 li from the imperial capital) involves one hundred lashes and one hundred strokes; the death penalty encompasses five methods: strangulation, hanging, beheading, quartering, and dismemberment.
It does not list crimes such as the "Ten Great Evils," but emphasizes the seriousness of crimes such as rebellion, disrespect, profound disrespect, lack of filial piety, lack of righteousness, and internal turmoil. For the crime of rebellion, it must be made public for three days. If a group of thieves attacks a town or robs a house, they are to be killed on the spot. If someone kills for revenge, as long as they report to the authorities and explain the situation, they will not face charges. Those with prior theft convictions should be recorded, except for the royal family. Those sentenced to death must be bound with chains and ropes; those sentenced to exile must be bound with chains and leg irons; those sentenced to servitude must be bound with chains; those sentenced to flogging must be placed in wooden stocks; those sentenced to caning should not be bound and must wait for execution. Members of the royal family and those with titles, for punishments less severe than death, they should only be chained; for punishments less severe than servitude, no instruments should be used. When executing a criminal, the criminal's name and crime must be written on the rope, and then publicly executed in the market. Only members of the royal family and those with titles may be executed secretly in prison. Man, these ancient legal texts are a real headache! Let’s break it down sentence by sentence to figure out what it all means.
First of all, let's talk about the money for atonement. For caning, which involves being beaten with a stick, a minor offense can be redeemed for five taels of gold, while a major offense costs ten taels. For whipping, a minor whipping costs six taels of gold, while a severe whipping costs ten taels. For imprisonment, one year costs twelve taels of gold, two years cost fifteen taels, three years cost thirty taels (one jin equals sixteen taels), four years cost thirty-eight taels, and five years cost forty-eight taels. Exile costs seventy-two taels of gold, and the person must also serve six years, regardless of where they are exiled. Want to redeem a death penalty? That will cost one hundred and twenty taels of gold! The maximum for whipping is one hundred strokes, and for combined caning and whipping, it’s two hundred, with caning being administered before whipping. Women can also pay to redeem themselves if they are to be beaten. Those who commit crimes requiring labor service will be assigned tasks according to their abilities. For caning of more than ten strokes, the full punishment must be completed before sitting down. Those eligible for reduction of sentence can have a death penalty reduced to exile, and exile can be reduced to five years in prison, with sentences of less than five years reduced by one level. Those convicted of crimes such as theft, rebellion, treason, and other serious offenses leading to exile will be categorized as a special case. If a thief escapes, their name will be posted and they will be pursued. If caught again, they will serve time in prison, receive lashes three times, and become a laborer for life.
Next, let's talk about the money and silk required for atonement. For caning of ten strokes, one piece of silk must be provided. For exile and imprisonment, twelve pieces of silk must be provided annually. To redeem a death penalty, one hundred pieces of silk must be provided! There are also specific time limits for atonement, with a death penalty requiring fifty days of service, exile requiring forty days, imprisonment requiring thirty days, whipping requiring twenty days, and caning requiring ten days. If the required items aren’t provided within the specified time, legal action will be taken. Poor individuals can apply for exemption.
In conclusion, there are a total of one thousand five hundred and thirty-seven articles in this law, which has been implemented nationwide. Overall, this legal system is as tangled as a spider's web, with countless rules and regulations, making it more complex and less user-friendly than the laws of other places.
At the beginning, new punitive measures were introduced, resulting in the death penalty for all lawbreakers. At that time, some of Duke Jin's subordinates had their own agendas, wanting to relax the policy to win over the people, but he lacked the ability to judge character, and most of the people he appointed were incompetent. As a result, the leniency of the policy failed to curb wrongdoing, and his children and subordinates abused their power behind the scenes, leaving the people with no means to voice their grievances. Emperor Wu was known for his keen insight, and after killing Duke Jin, he personally handled government affairs, showing no mercy even to his own relatives, enforcing the law strictly, earning respect from all levels of society.
Since the Wei and Jin dynasties, those who committed capital offenses, particularly serious ones, had their families serve as soldiers. Those who invaded Western Liang on behalf of Wei were classified as serfs. After Emperor Wu of Wei crossed the pass, these serfs were all relocated to Eastern Wei, and later Qi continued this system, still requiring them to serve. In the sixth year of Jiande, after Qi had been pacified, the emperor sought to enact more lenient laws in the newly conquered territories; therefore, he ordered all serfs to be freed and recognized as ordinary citizens. From then on, there was no more complex household registration system.
However, later on, due to the persistence of Qi's old customs, the incompetence in governance persisted, and many thieves and wrongdoers continued to violate the law. In that year, he enacted the "Criminal Code" to enforce compliance. The key provisions included: thieves armed with weapons who stole more than one horse, thieves not carrying weapons who stole more than five horses, officials in charge stealing more than twenty horses, stealing or deceiving official property of more than thirty horses, concealing the identity of five households or more or ten individuals or more as well as more than three hectares of land, all to be sentenced to death. The remainder would be punished according to the "Great Code." As a result, incidents of fraud declined.
Emperor Xuan, that character, was inherently cruel. When he was the Crown Prince, he hated his uncle, Prince Qi Xian, as well as Wang Gui and Yuwen Xiaobo. After becoming emperor, he immediately had them all killed, instilling fear and anxiety throughout the realm. Emperor Xuan was afraid of disappointing everyone, so he issued lenient edicts to win the people's favor. In the eighth month of the first year of Xuanzheng, he also ordered the announcement of nine new laws to be distributed everywhere. In the first year of Daxiang, he decreed, "The strict laws established by the founding emperor are too harsh; they shall all be abolished!" However, he became increasingly debauched, did not accept criticism at all, quickly resorted to executions, and even alienated his ministers. Sometimes he granted amnesty to the world, allowing the bad guys to take advantage, and sometimes he implemented strict laws, issuing contradictory orders at a moment's notice, so that the people below did not know what to do. Consequently, he reintroduced a new "Code of Punishment," which was even harsher than its predecessor, and dubbed it "The Sacred Code of Punishment." Officials on duty in the palace who failed to report for duty on any given day would face execution. All fugitives faced execution, and their properties were confiscated. Those who made errors in their petitions would likewise face punishment. The minimum punishment for a beating was set at 120 strokes, which was later increased to 240. He even
Emperor Xuan was especially fond of wine. Once, when he got drunk, a minor official named Yang Wenyu asked the court musician Zhangsun Lan to sing a song. The song's lyrics went: "Drunk in the morning, drunk in the evening, drunk every day, neglecting state affairs." Zheng Yi reported this to Emperor Xuan, who was furious and ordered Zhangsun Lan to be beaten to death with 240 strokes. Later, he had another minor official named Huang Fu Meng sing a song, which also mocked him. Zheng Yi reported this to Emperor Xuan again, and Emperor Xuan had Huang Fu Meng beaten with 120 strokes. At that time, from the court ministers to the palace concubines, everyone had been beaten, leading to widespread resentment. When Emperor Xuan fell ill, both the court and the common people distanced themselves from him, focused solely on saving their own lives. Later, when Sui Gaozu became emperor, he implemented a lenient policy, revised the old laws, and established the new "Book of Punishments." Once the new laws were ready, he submitted them to Emperor Jing, who ordered them to be enacted. After Emperor Yang Jian became emperor, in the year 581 AD, the first year of the Kaihuang era, he ordered the Chief Minister Gao Feng, the Grand Preceptor Zheng Yi, the Grand Preceptor Yang Su, the former Minister of Justice Chang Ming, the Vice Minister of Justice Han Jun, the Vice Minister of Personnel Li E, and the Assistant Minister of Civil Service Liu Xiongliang to jointly develop new laws and submit them to him.
The new law classifies penalties into five types: the first type is the death penalty, with two methods of execution - hanging and beheading; the second type is exile, with three distances - one thousand, one thousand five hundred, and two thousand li. Those exiled for one thousand li must serve a sentence of two years, those exiled for one thousand five hundred li must serve two and a half years, and those exiled for two thousand li must serve three years. Those sentenced to exile must also complete three years of labor service; those who are exiled to a closer distance must also receive one hundred strokes, with the number decreasing by thirty for each subsequent distance. The third type is penal servitude, with five durations - one year, one and a half years, two years, two and a half years, and three years; the fourth type is whipping, ranging from fifty strokes to one hundred strokes; the fifth type is flogging, ranging from ten strokes to fifty strokes. This revision of the law abolished the brutal punishments of flogging and dismemberment and reduced the penalties for exile and penal servitude. However, for the crime of treason and rebellion, which is considered a grave offense, fathers, sons, and brothers will all be executed, and their property will be confiscated. The new law also specifies the following ten unpardonable crimes: treason, plotting great treason, plotting rebellion, extreme disobedience, impiety, great disrespect, lack of filial piety, discord, injustice, and internal disorder. Those who commit these ten unpardonable crimes, or are convicted of intentional murder, will be stripped of their titles even if the emperor grants a general amnesty. If the offender belongs to the Eight Categories of Disreputable People, or holds a rank of Seventh Grade or higher, the penalty may be reduced by one degree; officials of Ninth Grade or higher can pay fines to redeem their crimes. Fines must be paid with copper coins instead of fabric, with one jin of copper coins counting as one unit, and ten units making one denier. For ten strokes of flogging, a fine of one jin of copper coins is required; for one hundred strokes of whipping, ten jin of copper coins must be paid; for one year of penal servitude, twenty jin of copper coins must be paid, with an additional ten jin for each increase in penalty level, meaning sixty jin must be paid for three years of penal servitude; for exile to one thousand li, eighty jin of copper coins must be paid, with an additional ten jin for each increase in penalty level, meaning one hundred jin must be paid for exile to two thousand li; those sentenced to death must pay one hundred and twenty jin of copper coins.
If an official is sentenced to imprisonment for committing a private crime, officials above the fifth rank can exchange one year of imprisonment for one year of official position; officials above the ninth rank can also exchange one year of imprisonment for one year of official position. For those sentenced to exile, the lowest level of exile is equivalent to three years of imprisonment. If the crime is a public crime, an additional year will be added to the imprisonment, and the level of exile will be increased by one. If the total imprisonment exceeds nine years, they will be exiled two thousand miles.
Alright, let's start the translation.
The emperor set new laws, then issued an edict declaring, "Laws enacted by emperors of past dynasties have been adjusted according to the actual situation at the time, so there may be additions or reductions. Death by hanging or beheading are both extreme punishments, and these two punishments are sufficient to punish evildoers. Decapitation and dismemberment, which are ancient torture methods, are completely unnecessary, not only failing to have a deterrent effect but also appearing cruel. Whipping, too, strips the skin and flesh, injures the bone marrow, and is as brutal as cutting meat. Although these punishments were used in ancient times, they go against the principles of benevolence and righteousness, so decapitation, dismemberment, and whipping are all abolished! As for the nobles who committed crimes in the past, only confiscating their swords and books was too lenient; their honor and wealth could benefit their relatives, which is also unfair. Therefore, the term of exile has been reduced from six years to five years; imprisonment has been reduced from five years to three years. Other punishments have also been changed from severe to lenient as much as possible, to avoid death whenever possible. Many specific details are outlined in the simplified regulations. These new laws are to be promulgated throughout the country as future guidelines, and the cumbersome and harsh legal provisions are to be abolished. I am enacting these laws to prevent the common people from daring to break the law; the country must have established laws, and the enforcement of the law must be fair and impartial, without personal emotions. It is also unacceptable to enact laws that are not enforced. It is essential that everyone in the country understands my intentions."
In the past, those officials interrogating criminals liked to resort to some underhanded tactics outside the law. For example, using heavy sticks, wooden clubs, wheel spokes, and shoe soles to torture the criminals, the methods were exceptionally brutal, coercing many into false confessions. Although it seemed to be following the law on the surface, in reality, many officials abused their power, and the criminals had no way to appeal. Now, these cruel punishments have been abolished, and when interrogating criminals, at most two hundred strokes of the cane can be used; the severity of shackling and caning is clearly defined; those administering the punishment cannot be arbitrarily replaced. The emperor also considered that the new laws had just been enacted, and many were still unfamiliar with them, so there were many violators. In addition, those lower-level officials inherited the harsh ruling style of the past, always seeking ways to oppress and frame others. Therefore, the emperor issued an edict, ordering all regions to diligently address legal cases. If a county handles a case unfairly, it can be reported up the chain to the prefecture, state, and even provincial levels; if the province still does not resolve it, one can appeal directly to the capital. If there are still unsatisfactory aspects, one can go and strike the dengwen drum (an ancient tool for public appeals), and the relevant department will document it and report it to the emperor.
The emperor personally reviews the case files of inmates every three months. Usually before the autumn equinox, he reviews the charges submitted by different provinces. Over the course of three years, he reviewed cases reported by the Ministry of Justice, with the number exceeding ten thousand. He felt the laws were too harsh, leading to many wrongful convictions. As a result, he ordered Su Wei, Niu Hong, and others to revise the laws. The new laws abolished eighty-one death sentences and one hundred fifty-four exile sentences, along with over a thousand imprisonment and caning penalties, ultimately retaining only five hundred. These were compiled into twelve volumes titled "Legal Precedents," "Guard Regulations," "Administrative Regulations," "Household and Marriage," "Stables and Granaries," "Unauthorized Initiatives," "Theft and Robbery," "Litigation," "Fraud and Deception," "Miscellaneous Laws," "Capture of Fugitives," and "Judicial Decisions." From then on, the laws became concise, both lenient and rigorous.
In addition, the court also established positions for legal scholars and disciples. When handling major cases, the relevant legal provisions must first be examined, the charges determined, and then judged according to the law. Five years later, the attendant Murong Tianyuan exposed the governor Tian Yuan for embezzling grain from the public granary. However, the legal scholar from Shiping County, Fu'en, distorted the facts and falsely accused Murong Tianyuan. Upon hearing this, the emperor decreed, "Human life is of utmost importance; legal provisions are crucial. Laws should be drafted to be easy to understand. When selecting and appointing officials, honest officials should always be chosen. Regardless of the size of the case, it should be handled without doubt or error. However, following past practices, appointing legal officials who always pass the blame onto the main culprit, the power of life and death is often entrusted to the unscrupulous, resulting in unjust punishments and the abuse of power. There is no greater mistake in governing the country. The legal scholars of the Dali Temple, Minister of Justice Cao Mingfa, and county legal scholars can all be dismissed." From then on, all departments are required to adjudicate cases according to legal provisions.
Six years later, the emperor ordered officials below the rank of Grand Historian in each province to learn the law, and when they reported to the capital, they would be tested to see if they had mastered legal knowledge. He also ordered the pardon for the families implicated in the rebellions of Wei Jiong, Wang Qian, and Sima Xiaonan, allowing the government to redeem them and restore their household registrations. He also abolished the law of collective responsibility and ordered that when executing death row inmates in each province, express stations were not to be used for swift executions.
Gaozu was inherently suspicious and had a disdain for scholars. Since becoming emperor through his intelligence, he particularly flaunted his knowledge of grammar and law, believing he had a clear view of things and keeping a close watch on those beneath him. He always had people secretly monitor officials inside and outside, and would heavily punish any minor mistakes. He also worried about corruption among officials, so he secretly funneled money to them, only to immediately execute them upon discovering any corruption. He often physically assaulted officials in court, sometimes several times a day. Once, when he angrily questioned an official and received an unsatisfactory response, he ordered the official to be killed.
Ten years later, the Left Chancellor of the Imperial Secretariat Gao Feng and the Imperial Historian Liu Yu, along with others, advised the emperor, saying that the court is not a place for killing, and the court is not a place for punishment. The emperor did not listen. Gao Feng and the others went to the court together to offer their apologies, saying, "Your Majesty should cherish the people and strive to eliminate abuses, but the people are ignorant, and the offenders are countless, leading to excessive punishment by Your Majesty. We, as courtiers, have not fulfilled our duties well. Please let us step down and allow capable individuals to take our place!" At this point, the emperor turned to Commander Tian Yuan and asked, "Is my punishment too severe?" Tian Yuan replied, "It is severe." The emperor asked how severe, and Tian Yuan raised his hand and gestured, saying, "The cane Your Majesty wields is thicker than a finger. Using this cane to beat someone thirty times is equivalent to being hit several hundred times with a regular cane, so many people have been beaten to death." The emperor was a little unhappy, so he ordered the removal of the canes in the hall and instructed that punishments in the future should be based on the specific circumstances. Later, Li Juncai, an army officer from Chuzhou, submitted a memorial saying that the emperor was overly trusting of Gao Feng. The emperor was furious and ordered him to be punished with a beating. However, since there were no canes in the hall, he was beaten to death with a riding crop. From then on, canes were put back in the hall. Before long, the emperor flew into another rage and executed people in the court. The Minister of War Feng Ji strongly urged him to reconsider, but the emperor did not listen and even carried out executions in the court. The emperor later regretted his actions, comforted Feng Ji, and blamed those ministers who had failed to advise him.
At the age of twelve, the emperor felt that the application of the law often resulted in contradictions, with the same crime leading to different punishments. Therefore, he ordered that death row inmates in each state could not be executed immediately but had to be sent to the Dali Temple for review, and the matter had to be clarified before reporting to the court for a decision. In the thirteenth year, exile and imprisonment were merged into a new punishment known as "peifang." In the fifteenth year, it was mandated that death row inmates undergo three reports before their execution. In the sixteenth year, someone reported that the Hechuan Warehouse was short of 7,000 shi of grain. The emperor then commanded Huluxiaoqing to execute the chief official immediately, confiscate his property, reduce his family to slavery, and sell off the grain to cover the deficit. From then on, anyone caught stealing border grain would face execution if the amount exceeded one sheng, and their entire family would be confiscated as government slaves. The emperor also felt that officials who stayed in office for too long were prone to corruption, so he mandated a rotation of assistant officials in each state and county every three years, and those who had served could not hold the same position again. In the seventeenth year, the emperor ordered that officials in different regions showed mutual disrespect and were overly lenient, which made it challenging to accomplish tasks. Many matters had regulations, but the legal penalties were too lenient, while the seriousness of the offenses warranted harsher punishments; delaying punishment did not have a deterrent effect. Therefore, it was decided that if officials in any department erred, they could face caning without legal constraints. As a result, mutual accusations and ongoing caning ensued, where brutality was regarded as competence while adherence to the law was perceived as weakness.
At that time, the emperor was always anxious and irritable, and the bad guys were causing chaos. They were robbing openly in broad daylight in the capital, and there were thieves everywhere. The emperor was really worried about it and asked the ministers how to stop this chaos. Before Yang Su and the others could speak, the emperor said, "I know what to do!" He then ordered that anyone who could report and catch a thief would be able to confiscate all the thief's property as a reward. In no time, peace was restored inside and outside the city.
Later, some crooks specifically waited for rich kids to go out, deliberately putting things in their way to frame them and catch them to claim the reward. This led to a lot of innocent people getting framed. When the emperor found out about this, he ordered that anyone who stole more than a penny would face the death penalty. As a result, people were afraid to go out at night and only dared to go out early in the morning, making the streets feel empty. Furthermore, he decreed that government officials who stole more than a penny and didn’t report others would also face the death penalty. From then on, even stealing a tile with four people or a watermelon with three would lead to immediate execution.
One time, a few people held someone up and told him, "We're not after your money; we're just following orders. Can you talk to the emperor for us? No one’s ever been sentenced to death for stealing a penny. If you help us plead our case, we will not come back; if you cannot help us, we will return, and by then, no one will be able to control us!" After hearing this, the emperor repealed the law that called for the death penalty for stealing a penny.
The emperor was enraged and in June ordered to execute. The Junior Minister of Dali, Zhao Chuo, protested logically and passionately: "In the flourishing month of June, when all things are growing, this is not the time for killing!" The emperor replied, "Although June is a time of growth, it is also a time of thunderstorms. Since even the heavens display their might and fury in the heat, why can't I follow suit?" So the execution still took place.
The Chief of the Dali Temple, Lai Kuang, submitted a memorial stating that the officials of the Dali Temple were quite lenient and merciful. The emperor considered Lai Kuang to be loyal and upright, so he permitted him to attend his morning audience with the fifth-rank officials. Later, Lai Kuang accused Zhao Chuo of abusing his power and arbitrarily pardoning prisoners. The emperor sent reliable ministers to investigate, and it was found that Zhao Chuo had not perverted the law. The emperor became furious again and ordered Lai Kuang to be killed. Zhao Chuo once more protested, believing that Lai Kuang should not be put to death. The emperor stormed into the inner chamber. Zhao Chuo quickly said, "I have other matters to report that I haven't had time for." The emperor allowed him to enter the inner chamber. Zhao Chuo bowed and apologized, saying, "I have three major offenses: as the Junior Minister of Dali, I could not manage my subordinates well, leading to Lai Kuang violating the heavenly laws, this is the first offense; prisoners should not die, but I did not vigorously argue, this is the second offense; I originally had no other matters, but lied about having something to report, this is the third offense." It was only then that the emperor calmed down. Coincidentally, the empress was also present, and the emperor offered Zhao Chuo two cups of wine. After drinking them, he even gifted him the wine cups. Lai Kuang was ultimately spared execution but was exiled to Guangzhou.
The emperor, who was aging, was particularly devoted to Buddhism and Taoism, and was always superstitious about ghosts and gods. After twenty years, he ordered monks and Taoists to destroy Buddha statues and celestial statues, and common people who damaged statues of mountains, rivers, and deities were charged with treason. The emperor was very suspicious, harshly punished court officials, and often used harsh punishments. On New Year's Day, if military officers were not dressed properly, someone would report them to the emperor. The emperor said, "As an imperial censor, how can you be so negligent?" and ordered him to be killed. The remonstrating official, Mao Sizu, was also executed. The chief of the Left Military Office was unfair, and the official in charge of the Zuo Temple was punished for claiming that the construction of the wheat basket was behind schedule. The commander of the arsenal was punished for neglecting the government office's courtyard, and Dugu Shi was punished for accepting a parrot from a foreign guest after the emperor personally understood the situation, and was ordered to be executed.
It is said that during the Ren Shou period, court laws grew increasingly strict, and the emperor's temper grew increasingly erratic and unpredictable, disregarding established rules. At that time, Yang Su was highly valued by the emperor, and he was a strong-willed person. The court officials were terrified and dared not speak. Yang Su was dissatisfied with Honglu Shaoqing Chen Yan, responsible for hosting foreign envoys. As a result, the courtyard he oversaw was littered with horse manure, and the subordinates even played chupu, an ancient game, on the felt. Yang Su immediately told the emperor about this. Upon hearing this, the emperor was furious and shouted, "The official in charge of the guests doesn't even clean the courtyard, and the warehouse official was even playing games with the official felt. What should the punishment for this be?" As a result, Chen Yan and his subordinates were dragged to the West Market and beaten to death with clubs, and Chen Yan was almost beaten to death.
Yang Yuan and Liu Zitong, officials of the Dali Temple, especially enjoyed studying legal texts. Every time they presented a case, they could read the Emperor's mind and align their actions with his wishes. The Emperor was very pleased and appointed them as third-tier officials in the palace, specifically responsible for handling cases ordered by him. If the Emperor was displeased, they would immediately sentence the accused to a severe punishment, leading to a staggering number of wrongful deaths. Yang Yuan also ingratiated himself with Yang Su, always making a point to greet him on the road and informing him of the situation of the accused so that Yang Su could decide how to handle it. Those who were to be executed cried out for justice as they were led to their executions, wailing to the heavens. In short, Duke Yang Su exerted considerable influence in the court, and even the Emperor could not control him.
After Emperor Yang became the ruler, he felt that the laws handed down by his predecessors were overly harsh. He ordered a revision of the laws, canceling some of the crimes listed under the "ten unpardonable offenses." At that time, the criteria for assessing crimes were set at double the previous standards, and the amount of copper coins for redemption also doubled. Those sentenced to one hundred lashes had to pay thirty catties (approximately 18 kilograms) of copper coins; those sentenced to one year of hard labor had to pay sixty catties, with an additional thirty catties for each additional year of sentence. Those sentenced to three years of hard labor had to pay one hundred and eighty catties; regardless of the length of the sentence, those sentenced to exile had to pay two hundred and forty catties. Those sentenced to death, whether first or second degree, had to pay three hundred and sixty catties for redemption, with hardly any distinction between the two.
The rules set during the Kaihuang era were that the children of convicted criminals could not serve as guards or attendants to the emperor in the palace. Earlier, Xiao Yan was killed for rebellion, and Cui Junchuo's family was subjected to confiscation of property due to their involvement with the commoners' uprising. However, because Cui Junchuo's daughter was favored by the emperor in the palace, the emperor issued a decree abolishing the earlier regulations, stating: "Punishment should not extend to descendants; this embodies the principle of filial piety! Favor and justice should be distinguished in order to encourage loyalty to the monarch. Just as Yang Fu was executed, showing loyalty to his uncle; Ji Bu achieved merit without implicating Ding Gong in any trouble, thus being remembered in history as a role model. I govern with humility and strive to adhere to the old laws and customs, treating people with sincerity and always adopting lenient policies. 'Six unities' symbolize inclusiveness and generosity; overlooking all accomplishments because of a minor error is unjust. The descendants of those killed for crimes are allowed to participate in the imperial examinations and can also serve as guards or attendants to the emperor in the palace."
Three years later, the new laws were finally completed! A total of five hundred articles, divided into eighteen sections: the emperor ordered their implementation, calling it the "Daye Code." The eighteen sections are: Names and Examples, Guarding the Palace, Violations, Petitions, Households, Marriage, Unauthorized Construction, Accusations, Thieves, Robbers, Quarrels, Arrests, Warehouses, Stables, Markets, Miscellaneous, Fraud, and Judicial Decisions. Among the five categories of punishment, many articles have reduced penalties, probably more than two hundred. The punishments, including fetters, caning, and judicial proceedings, have also been relaxed compared to previous practices. At that time, the common people were already tired of strict criminal laws, so they were naturally pleased with the more lenient punishments!
Later, the emperor began to launch expeditions against minority ethnic groups while indulging in pleasures at home. Wars continued year after year, and taxes became heavier. To cope with their responsibilities, officials resorted to last-minute measures, ignoring the law and allowing bribery to prevail. The poor had nowhere to turn for justice, so they turned to banditry. Seeing the situation worsen, the emperor implemented harsher laws, decreeing that all thieves would be executed regardless of the severity of their crimes. This only led to even more unrest among the people, who attacked cities everywhere, proving that severe punishment could not suppress them.
Seeing that banditry persisted, the emperor imposed even harsher punishments. By the ninth year of his reign, he ordered that the property of thieves would be confiscated. This only led to more bandits emerging, and local officials became increasingly tyrannical, disregarding the law completely. When Yang Xuan rebelled, the emperor had him killed and his entire family punished, with the most severe offenders facing brutal punishments like dismemberment and decapitation, with some shot while tied to wooden stakes, and even ordering his subordinates to eat his flesh. The people were outraged, resulting in chaos until Emperor Gong ascended to the throne and slowly restored order.
