Tang Code

[bhchao]

The Tang Code was arguably the most sophisticated code of law in the world at the time of its establishment in 624AD and revision in 653AD (Tanglü). In 653, Tanglü Shuyi (the Tang Code with Annotations) came out as a form of legal scholarship containing commentaries on every article of the Code.

This Code heavily influenced penal law in Korea, Vietnam, and Heian/Nara Japan.

500 sections of ancient law (with heavy Confucian influences) were compiled into 12 volumes under the Tang Code, under the supervision of 房玄齡:

Vol 1: Term and Examples (Mingli)

Vol 2: Security and Forbiddance (Weijin)

Vol 3: Office and Hierarchy (Zhizhi)

Vol 4: Domestic Matters and Marriage (Huhun)

Vol 5: Stables and Storage (Jiuku)

Vol 6: Impeachment and Promotion (Shanxing)

Vol 7: Thievery and Robbery (Zeidao)

Vol 8: Contest and Litigation (Dousong)

Vol 9: Deceit and Falsehood (Zhawei)

Vol 10: Miscellaneous Regulation (Zalu)

Vol 11: Arrest and Escape (Buwang)

Vol 12: Judgment and Imprisonment (Duanyu)

The Tang Code lists five forms of corporal punishment:

1. Flogging (Chi)

2. Caning (Zhang)

3. Imprisonment (Tu)

4. Exile (Liu)

5. Death (Si)

Leniency is applied to Eight Considerations (Bayi):

1. Blood relation

2. Motive for the crime

3. Virtue of the culprit

4. Ability of the culprit

5. Past merits

6. Nobility status

7. Friendship

8. Diligent character.

The Tang Code was the climax of legal scholarship in China at the time of its existence. The major concepts of the Tang Code were retained in the codes of the following dynasties, up to the Qing. No major departures from the overall concept of the Tang Code occurred in China from the middle of the 8th century to the late 19th century. This was an unfortunate stagnation period of legal thought for China because all subsequent dynasties merely copied the Tang Code in its substance and made minor revisions, rather than making legal advances to apply for situations in the current period.

Filial piety was an integral part of the Tang Code; and there were many similarities between the Tang and Qing Codes involving this Confucian virtue. The Tang Code designates unfilial behavior as one of the Ten Abominations (十 惡), for which no pardon can be granted.

For instance, battery or murder of one's parent or grandparent is punishable by death. Murder of certain relatives is punishable by death. Scolding one's parent or grandparent is punishable by death. Reporting on one's parents (except for the most serious crimes like treason) is also punishable by death. If a son or daughter makes an accusation against his or her parent, and the accusation turns out to be true, the accuser still gets punished by beatings under the Code for reporting on his or her parent. Confucius himself said that a son and father should not report on each other and should keep their wrongdoings concealed within the family. If the accusation turns out to be false, the accuser is subject to capital punishment. (If the Tang Code was in place at the time of the Cultural Revolution, every one of those kids who reported on their parents would have been put to death)

Also if someone tries to setup a separate household while their parents or grandparents were still alive (I disagree with this one as a crime), or marry during the mourning period for one's parents, grandparents, or husband; the Tang Code punishment is penal servitude, while the Qing Code punishment is beatings + penal servitude.

Under the Qing Code, battery committed by a son against a parent was punishable by death, while battery committed against a son received no penalty. A younger brother who beats his elder brother was subject to 90 blows of the heavy bamboo and 2 years or penal servitude, while an elder brother who beats his younger brother received no penalty at all. A wife who committed battery against her husband was subject to 100 blows of the heavy bamboo; while a husband who committed battery against his wife was punished only if the wife sustained a significant injury, and only punished by 80 blows of the heavy bamboo.

Quite interesting, albeit a little unfair and out-of-date by the time of the 19th century for the Qing to apply these codes.

[carlo]

The Tang and Qing code differ quite a bit, but if you mean that the Qing did not switch to Roman law just yet, then you're certainly right -- no major departures. Qing code is overall much harsher than Tang, and maybe only a little less so than Ming. I find the Tang code utterly fascinating and actually quite enlightened, if you think about what was going on in Europe at the time (and the advancements that Tang made over Han law).