The Great Qing Dynasty in 1820 Qing Code: LAW AND ORDER DURING CHINA’S LAST DYNASTY THE GREAT QING CODE CONTAINED THE COLLECTION OF LAWS WRITTEN OVER A PERIOD OF MORE THAN 2,000 YEARS BY CHINA’S RULING DYNAS- TIES. THE QING, CHINA’S LAST DY- NASTY, BROUGHT THE CODE TO ITS ULTIMATE FORM. China’s first laws emerged from customs, traditions, and declarations by regional rulers. The first written code of laws appeared in 536 B.C. The purpose of the code was to control the people and maintain order. In 221 B.C., the Chin Dynasty arose and established the first centralized Chi- nese empire ruled by an emperor. This accomplishment was greatly aided by a Foundation Wikimedia law code written by Chin officials called The Qing came from Manchuria, in the northeast, which contained the provinces of Heilongjiang, Jilin, and Liaoning. “Legalists.” Their idea was to eliminate special privileges for those of high status years. In 1740, Emperor Qianlong ap- and treat everyone equally under the The Qing Dynasty proved the Statutes and Sub-Statutes of law, thus protecting the weak from the The Qing (pronounced “Ching”), the Great Qing known today as the strong. The Legalists also believed in China’s last dynasty, ruled from 1644– Great Qing Code. harsh punishments for law violations to 1912. The Qing originated in Manchuria, a land northeast of China. In the early prevent crime and disorder in society. The Great Qing Code The followers of Confucius (551– 1600s, Manchuria was a possession of The Great Qing Code of 1740 estab- 478 B.C.) opposed the Legalists. Con- China ruled by its Ming Dynasty. In lished the ultimate format of China’s fucians taught that the emperor, family 1636, Manchu leaders drove the Ming criminal and civil laws, which included ancestors, senior relatives, and those out of Manchuria and proclaimed their laws reaching back more than 2,000 of higher rank, such as government of- own Qing Dynasty to rule the country. years. The Code was basically a set of in- ficials, should be treated with great re- In 1644, the Manchus invaded structions to local officials, known as spect. Therefore, the penalties for China during a massive peasant revolt magistrates, as well as to higher author- offenders should differ, depending on against the Ming, which caused the em- ities. These instructions attempted to their family and social ranking. peror to commit suicide. The Manchus state the punishment for every possible Confucians also rejected mandat- crushed the revolt, occupied the capital offense that the emperor believed was ing harsh punishment for each crime. (now called Beijing), and established necessary to maintain law and order. They favored making the punishment the Qing as China’s new ruling dynasty. At first glance, the Code was a fit the seriousness of the offense based Over the next 150 years, Qing armies “book of punishments” as the Legalists on the circumstances of a case. conquered the rest of Ming China and would have liked it to be. But in prac- Over the centuries, Legalist and expanded China’s control over Taiwan, tice, the judicial system focused on the Confucian legal principles merged in Mongolia, Tibet, and Central Asia. facts of cases and the wording of laws the laws approved by each emperor. Meanwhile, Qing emperors restored in order to make the punishment fit the The first comprehensive law code was order throughout China and put Chinese offense, as the Confucians preferred. produced during the Tang Dynasty in and Manchu officials together to run the The first part of the Code began A.D. 653. After that time, each ruling empire’s bureaucracy. The highest offi- with “The Five Punishments.” This dynasty revised and added to the code cials, however, were always Manchu. was a schedule of the traditional penal- of the previous dynasty. China also de- The Qing began work on their code ties used throughout the Code for both veloped a judicial system of local of laws in 1646 when the emperor criminal and civil law violations. They courts and an elaborate criminal re- adopted the Ming Code. Changes and were ranked by severity: view procedure. new laws were added for the next 100 6 WORLD HISTORY (c) 2015 Constitutional Rights Foundation | Bill of Rights in Action (Vol. 30, No. 3) 1. The lightest penalty was a beating with the light bamboo stick. There were five degrees from 10 to 50 strokes. Its purpose was to physically punish and also to make one feel ashamed. 2. The next level of punishment was beating with the heavy bamboo stick. The degrees ranged from 60 to 100 strokes. (The number of strokes was later reduced by the Qing after the dimensions of both the light and heavy bamboo beat- ing sticks were enlarged.) 3. Penal servitude required forced labor in a region different from one’s home province. Its purpose was to enslave and disgrace the law violator. This punishment involved an amount of time, ranging from one to three years, plus 60 to 100 Commons Wikimedia strokes of the heavy bamboo stick. A depiction of the punishment of a beating with the heavy bamboo stick. There were no prisons, only lockups where accused persons and some- collar, tattooing, and paying a sum of magistrate to sentence by analogy. This times even witnesses were held money to substitute for a sentence meant that the magistrate had to find a pending the outcome of a case. called for by the Code. The substitu- statute or sub-statute in the Code that 4. Exile for life was considered a se- tion option usually just applied to came close to describing the act in the vere penalty since it removed a per- women, those over 70, children under case and apply its punishment. son from family and rituals at the 16, and government officials. The magistrate might also choose graves of ancestors. The degrees of The Code contained nearly 4,000 to sentence an offender to 40 strokes this punishment were based on punishable offenses. Over 800 called for of the light bamboo or 80 strokes of how far from home the convicted the death penalty, although many con- the heavy bamboo for doing “that person had to go (about 700 to demned lawbreakers received reduced which ought not to be done.” In de- 1,000 miles) plus 100 strokes of the sentences after their cases were reviewed ciding which penalty should apply, the heavy bamboo stick. This penalty by higher authorities and the emperor. Code instructed the magistrate to “con- was sometimes used by the em- The Code’s statutes (laws) were sider whether the offense is serious or peror because “he cannot bear to not organized by subject. Instead, they minor and, according to the circum- inflict the death penalty.” were placed under the name of each stances, adjudge the penalty.” 5. The death penalty originally had government department to which they “Every law comes into effect the two degrees: strangulation with a applied. The departments included ad- day it is [proclaimed],” the Code de- cord and beheading. But the Qing ministration, revenue and some civil clared. “If the offense was committed added a third degree of death by law matters, rituals, the military, pub- [before] that, the punishment should “slicing.” This was a slow death by lic works, and the Board of Punish- nevertheless be determined under the numerous cuts to the body fol- ments (which handled criminal new law.” Thus, the Code did not ban lowed finally by beheading. It was matters). The Code contained 436 ex post facto laws. reserved for especially wicked statutes and hundreds of sub-statutes. crimes such as treason and mur- One of the key principles of the Criminal Law Procedure dering a parent or grandparent. Code was the Confucian idea that sen- China’s justice system developed Death penalty sentences were ei- ior members and males within a fam- along with the laws in the Great Qing ther “immediate” or “delayed” ily held superior status. For example, Code. Criminal law procedure began until the annual Autumn Court the punishment for a son striking a with the magistrate. He was a local met to confirm or recommend a re- parent was beheading. But there was government official in charge of tax duction of sentence to the em- no penalty for a parent striking a son collection, the public granary, educa- peror. The emperor had to approve unless the son died. Even then, the tion, religious rituals, military defense all death penalty sentences. penalty was less than death. of his city, and many other duties, in- A magistrate had to tie his verdict cluding that of a judge. He was not There were other punishments in and punishment to a statute in the trained in the law, but he usually hired addition to the traditional five. These Code. When no statute directly ap- a secretary who was knowledgeable included whipping, wearing a wood plied to a case, the Code advised the about the Code. WORLD HISTORY 7 (c) 2015 Constitutional Rights Foundation | Bill of Rights in Action (Vol. 30, No. 3) Excerpts from Great Qing Code Criminal Statutes The Board of Punishments con- Statute 266. Theft with Force (Robbery) ducted yet another investigation of the In the case of theft with force when it has been committed but no property has been facts in a case. The board was almost taken, each [offender] will receive 100 strokes of the heavy bamboo and exile. But entirely concerned with the correct de- if property is obtained from an owner, do not distinguish between principal and ac- gree of punishment rather than guilt or cessory.