Crime & Punishments Final [part one]

The Ten Abominations

The most serious crimes, including treason, plotting rebellion, killing a parent, or grave violations of family loyalty. They could never be pardoned. Introduced in the Tang dynasty (7th century) and retained in later codes like the Qing Code (1644–1911)

The Eight Deliberations

Privileges that could reduce punishment based on a person’s status—like being a noble, elderly, or highly virtuous. Shows Confucian influence on law. Used from the Han through the Tang and Qing periods

Public vs. Private Offenses

Public crimes harmed the state or society (like rebellion), while private ones hurt individuals (like theft). Public crimes were punished more harshly. Important in all dynastic law codes, especially in Tang and Qing legal reasoning.

The Five Punishments

The Five Punishments (五刑, wǔ xíng) in traditional Chinese law were the main types of legal penalties used to maintain order. Over time, they changed, but during the Qing dynasty, they were standardized and ranked from lightest to harshest:

1. Light beating – Hit with thin stick.

2. Heavy beating – Hit with thick stick.

3. Hard labor – Forced government work.

4. Exile – Sent far away.

5. Death – Strangled or beheaded.

Replace Punishment with Office

If an official or someone with rank broke the law, sometimes they could serve in a government position instead of being punished. A privilege for the elite, especially in the Tang and Song periods

Redemption of Punishment

Wealthy people could pay a fine instead of receiving physical punishment. Common in the Song and especially Qing dynasty, and heavily criticized for favoring the rich.

Act of Grace

An imperial amnesty, often issued during a new emperor’s reign, holidays, or major victories. It forgave certain crimes, not including the Ten Abominations. Practiced throughout imperial China

Time Limit for Responsibility

Legal responsibility for crimes did not last forever, and families couldn't always be held liable for past offenses. Shows how law was tied to family structure in dynasties like Tang and Qing

Judicial Torture

Courts could use torture to get confessions, but only under strict rules. It was criticized by Confucians but legal throughout Tang, Song, and Qing periods. Used carefully by magistrates

Mourning Degrees

A ranking system of kinship based on how closely someone was related to a deceased family member. This affected punishments and who had to report crimes. Very important in Confucian law from the Han to Qing.

Rule of Avoidance

Officials couldn’t serve in their home districts or near relatives to avoid bias or corruption. Practiced throughout Tang, Song, Ming, and Qing times.

District Magistrate

Called the “Father-Mother Official,” this person was the local judge, administrator, tax collector, and moral leader. Central figure in the Qing bureaucracy

Runners / Clerks / Litigation Masters

These helpers in the courts—often poorly paid—did arrests, paperwork, or coached people on legal cases. Litigation masters were sometimes accused of legal trickery. Very active in the Ming and Qing

• Runners made arrests and carried out punishments.

• Clerks handled paperwork and records.

• Litigation Masters advised people on how to file legal complaints or defend themselves.
  They were often poorly paid, so they sometimes took bribes or manipulated the law, which led to them being viewed with suspicion.

Ritual (li) vs. Law (fa)

Rituals (li) were moral norms and proper behavior (Confucian). Law (fa) was written enforcement and punishment (Legalist). Law and ritual worked together from Han to Qing.

• Li (禮) = moral rules or proper behavior (based on Confucian values like respect, loyalty, and order).

• Fa (法) = formal law and punishment (based on Legalist ideas, focused on control through rules).
  From the Han to Qing dynasties, the government tried to combine li and fa, using moral values to shape legal enforcement.

Confucianism vs. Legalism

Confucianism valued moral virtue, family, and kindness. Legalism emphasized strict rules and punishment. The Tang and Qing tried to blend both in their legal systems

• Confucianism emphasized morality, family loyalty, and governing with virtue.

• Legalism focused on strict laws, harsh punishments, and control through fear.
  In dynasties like the Tang and Qing, rulers blended both—Confucian ethics guided the spirit of the law, while Legalist rules provided structure

Dowry / Partible Inheritance

A dowry was the woman’s property brought into marriage. Inheritance was usually divided among sons, not daughters. Legalized gender roles in Ming and Qing family law

• A dowry was property or money a woman brought into her marriage, and it remained legally hers.

• Partible inheritance meant that sons divided the family inheritance, while daughters usually did not inherit land or money.
  This system was written into law, especially during the Ming and Qing dynasties, and reflected patriarchal family norms

Tang Code / Qing Code

These were dynastic law codes. The Tang Code (7th century) was the first fully Confucian code; the Qing Code (1740 edition) followed it closely but added real-life case examples.

• The Tang Code was the first major Confucian law code, blending moral rules with punishment.

• The Qing Code copied the Tang model but added detailed case examples and real-life applications, making it more practical.

Conspectus on Penal Law

A training manual for magistrates with examples of crimes and how they should be punished. Very important in Qing judicial training.

It included:

• Sample cases (criminal and civil),

• Legal reasoning, and

• Recommended punishments.
  It helped magistrates understand how to apply the law consistently and fairly.

Happiness and Benevolence

A guidebook by Huang Liu-hung, a Qing magistrate. It taught officials how to combine law, morals, and compassionin judging.

It combined:

• Legal advice,

• Confucian morals, and

• Personal reflections.
  It taught officials to govern with justice, kindness, and good judgment, not just follow rules

Queue

The queue was a long braid hairstyle forced on all Chinese men by the Qing rulers (Manchus) as a sign of loyalty.

Judge Pao

Judge Pao (Bao Zheng) was a legendary judge from the Song dynasty, known for perfect justice and fearless honesty. He became a symbol of ideal legal behavior in fiction.

became popular in stories and plays as symbols of good governance.

Soul-Stealing

Soul-stealing was a panic in the 18th century where people feared that cutting someone’s hair (especially their queue) could magically harm or control their soul.
These fears led to public unrest, and the government treated such cases as threats to order and identity.

Su Shih

Su Shih (Su Dongpo) was a real Song dynasty official, famous for being a poet and honest administrator. He was once falsely accused of treason, making him a model of moral courage.

became popular in stories and plays as symbols of good governance.