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Chinese law Reference library
The New Oxford Companion to Law
... law Chinese law, historically considered, has undergone a number of incarnations. First and foremost, we have the law applied by the imperial government in the administration of the country for a period of over two thousand years from the third century bc to the first decade of the twentieth century. This law had two important aspects: administrative and penal. The penal codes of the great imperial dynasties defined offences and prescribed punishments, while the administrative corpus of rules, of increasing complexity over time, defined the organs of...
Foreigners in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...commit crimes shall be judged in accordance with Chinese law.” Such people were held to include peoples of tributary nations as well as prisoners of war and other foreign inhabitants. Nonetheless, when the Portuguese were eventually allowed to establish a settlement at Macao in 1557 , the Chinese government tacitly reverted to the policy of allowing the foreigners to govern themselves by their own law, subject to ultimate Chinese sovereignty. This was expressed by the retention of jurisdiction over Chinese and other non-Portuguese inhabitants, by the...
Intention in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...copper. [ See also Homicide, subentry on Chinese Law ; Offenses in Chinese Law, Classification of ; Punishment: Chinese Law ; and Redemption .] Bibliography Johnson, Wallace , trans. The Tang Code . Vol. 2, Specific Articles. Princeton, N.J.: Princeton University Press, 1997. An introduction with translation of the last twenty-four chapters of the Tang code of 653 c.e. MacCormack, Geoffrey . Traditional Chinese Penal Law . Edinburgh: Edinburgh University Press, 1990. A comprehensive history of criminal law from its earliest beginnings to the end of...
Sentence in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...in traditional China. Correspondence of Punishment with Crime. The determination of sentences and elimination of judicial discretion are but the outcome of the traditional Chinese concept of the rule of law and can be considered as equivalent to the principle “nulla poena sine lege” (no punishment without law) in continental criminal law, with this difference: under the continental principle the mere definition of crime as positive law, that is, “nullum crimen sine lege” (no crime without law), is sufficient, whereas the Chinese concept requires strict...
Hire in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...Law became a focus of continuous discussion among government officials revising the laws. Over the long term, more and more types of employees were excluded from the unequal treatment of this law and received the full legal protections of ordinary citizens, just like employers. [ See also Chinese Law, Sources of, subentry on Guilds ; Contract, subentry on Chinese Law ; Loan, subentry on Chinese Law ; Sale, subentry on Sale of Goods in Chinese Law ; and Status, subentry on Chinese Law .] Bibliography Elvin, Mark . The Pattern of the Chinese...
Chinese Law, History of Reference library
The Oxford International Encyclopedia of Legal History
...We await new discoveries that will confirm this legal development. [ See also Appeal, subentry on Review in Chinese Law ; Capital Punishment, subentry on Chinese Law ; Chinese Law, Sources of, subentries on Penal Codes and Judicial Precedent ; Filial Piety, Lack of ; Mutilation in Chinese Law ; Penal Servitude in Chinese Law ; Sale, subentry on Sale of Land in Chinese Law ; and Torture, subentry on Chinese Law .] Bibliography Ban Gu , et al. Han shu (History of the Han Dynasty). Beijing: Zhonghua, 1962. Cai Wanjin . Zhangjiashan...
Chinese Law, Sources of Reference library
The Oxford International Encyclopedia of Legal History
...that period, the code had expanded to 1,892 substatutes and a total of 2,328 laws. [ See also Capital Punishment, subentry on Chinese Law ; Punishment, subentries on Chinese Law ; and Punishment and Status in Chinese Law .] Bibliography Birge, Bettine . Women, Property, and Confucian Reaction in Sung and Yüan China (960–1368) . Cambridge, U.K.: Cambridge University Press, 2002. Much good information on Song and Yuan laws. Bodde, Derk , and Clarence Morris . Law in Imperial China , pp. 52–68. Cambridge, Mass.: Harvard University Press. A translation of a...
Gambling in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...in Chinese Law . Gambling ( dubo ) with games of chance was an extremely common offense in traditional China. Reference to such gambling being a violation of the law is found as early as the great historian Sima Qian's Historical Records , which dealt with China before the founding of the Han dynasty (206 b.c.e. –220 c.e. ). However, the first extant law against gambling is found in Article 402 of the Tang code of 653 c.e . There the punishment for gambling in games of chance is punished by one hundred blows with the heavy stick, a severe...
Incest in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...100 strokes of the heavy bamboo rod. New substatutes were appended in 1795 to cover attempted rape of a relative and in 1811 to cover unwanted proposition of a relative. [ See also Rape, subentry on Chinese Law ; Sexual Intercourse, Illicit in Chinese Law ; and Sexual Offenses in Chinese Law .] Bibliography Hulsewé, A. F. P. Remnants of Ch’in Law: An Annotated Translation of the Ch’in Legal and Administrative Rules of the 3rd Century b.c.e. Discovered in Yün-meng Prefecture, Hu-pei Province, in 1975. Leiden, Netherlands: E. J. Brill, 1985. Jiang,...
Exile in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...works in English on traditional Chinese law, this is particularly useful for its translation of cases decided by the Qing Board of Punishments. McKnight, Brian E. Law and Order in Sung China . Cambridge, U.K., and New York: Cambridge University Press, 1992. This is a comprehensive account of legal processes under the Song. Waley-Cohen, Joanna . Exile in Mid-Qing China: Banishment to Xinjiang, 1758–1820 . New Haven, Conn.: Yale University Press, 1991. This is the most detailed account in English of the Qing law of exile, containing also a survey of...
Mutilation in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...subentry on Chinese Law ; Chinese Law, History of, subentries on Shang Dynasty (c. 16th–11th Century b.c.e. ) ; Western Zhou Dynasty (c. 1045 b.c.e .–771 b.c.e. ) ; Eastern Zhou, Spring and Autumn (771 b.c.e. –464 b.c.e. ) ; Eastern Zhou, Warring States (464 b.c.e. – 221 b.c.e. ), and Qin State and Empire (c. 350 b.c.e. –206 b.c.e. ) ; Han Empire (206 b.c.e. –220 c.e.) ; and Punishment, subentry on Chinese Law: Overview .] Bibliography Galvany, Albert . “ Debates on Mutilation: Bodily Preservation and Ideology in Early China. ” Asiatische...
Amnesty in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...into the Chinese imperial system. Sanctions begun, and mercy offered, as a policy for punishment, seems to have worked well for the Chinese state. Convicted criminals, so like the criminals of today—young males with few life skills, no impulse control, short time horizons, and nothing to look forward to—were promised a way out of their troubles, if only they behaved themselves for an indeterminate but probably short period. [ See also Appeal, subentries on Chinese Law and Review in Chinese Law ; Capital Cases in Chinese Law ; and Chinese Law, History...
Corruption in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...bribe equal to ten p˘ı of silk. The other officials were imprisoned for one year. The Tang laws tended to differentiate between those who violated laws and those who did not, and also between those who gave and those who received bribes. Under Qing law, however, all four types of corruption were punished with the same severe penalty which could include death, depending on the seriousness of the case. Bibliography Hucker, Charles O. The Censorial System of Ming China . Stanford, Calif.: Stanford University Press, 1966. Liu Hoi-nien and Han Ting-ling , eds....
Wounding in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...(including a husband) than vice versa. [ See also Homicide, subentry on Chinese Law ; Punishment, subentry on Chinese Law ; and Punishment and Status in Chinese Law .] Bibliography primary works Hulsewé, A. F. P. Remnants of Ch’in Law: An Annotated Translation of the Ch’in Legal and Administrative Rules of the 3rd Century B.C. Discovered in Yün-meng Prefecture, Hu-pei Province, in 1975 . Leiden, Netherlands: E. J. Brill, 1985. Hulsewé, A. F. P. Remnants of Han Law . Leiden, Netherlands: E. J. Brill, 1955–. Johnson, Wallace , trans. The T’ang...
Sumptuary Laws in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...in Traditional China . Paris and The Hague: Mouton and Company, 1961. A discussion of the history of criminal law in China and how its development was affected by Chinese philosophy. MacCormack, Geoffrey . The Spirit of Traditional Chinese Law . Athens: University of Georgia Press, 1996. Wallace S....
Ethnic Groups in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...in southeast China were governed by one of their own number, authorized by the emperor, in accordance with their own Islamic law, an arrangement which seems to have lasted into the thirteenth century. The bias in favor of Chinese (that is, Han) law in the Tang-Song conflict of laws formula was unacceptable to the Mongols, who not only had their own laws but governed their vast, racially diverse empire through Mongol, Persian, and Turkic as well as Chinese officials. However, the more sophisticated form of legal pluralism based on personal laws that they...
Beating and Whipping in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...on Chinese Law ; and Torture, subentry on Chinese Law .] Bibliography Balazs, Étienne . Le traité juridique du “Souei-Chou.” Leiden, Netherlands: E. J. Brill, 1954. This is a translation of the Treatise on Law contained in the Suishu , the official history of the Sui dynasty (581–618), compiled by Wei Zheng around 636. Bodde, Derk , and Clarence Morris . Law in Imperial China: Exemplified by 190 Ch’ing Dynasty Cases . Cambridge, Mass.: Harvard University Press, 1967. One of the principal works in English on traditional Chinese law, this is...
Wrongful Judgment In Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...and adjusted to changes in the penal system. [ See also Collective Liability ; Corruption in Chinese Law ; Intention in Chinese Law ; Sentence in Chinese Law ; and Zang .] Bibliography Hulsewé, A. F. P. Remnants of Ch’in Law: An Annotated Translation of the Ch’in Legal and Administrative Rules of the 3rd Century B.C. Discovered in Yün-meng Prefecture, Hu-pei Province, in 1975 . Leiden, Netherlands: E. J. Brill, 1985. Hulsewé, A. F. P. Remnants of Han Law . Leiden, Netherlands: E. J. Brill, 1955. Johnson, Wallace , trans. The Tang Code . 2 vols....
Capital Cases in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...on Chinese Law ; and Appeal, subentry on Review in Chinese Law .] Bibliography Bourgon, Jerome . “Chinese Executions: Visualising Their Differences with European Supplices.” European Journal of East Asian Studies 2, no. 1 (2003): 153–184. This insightful and gruesomely illustrated essay examines Western misunderstandings and misrepresentations of Chinese executions in late imperial China. Buoye, Thomas . “ Suddenly Murderous Intent Arose: Bureaucratization and Benevolence in Eighteenth-Century Qing Homicide Reports. ” Late Imperial China 16, no. 2...
Sexual Intercourse, Illicit in Chinese Law Reference library
The Oxford International Encyclopedia of Legal History
...subentry on Chinese Law ; Incest in Chinese Law ; Rape, subentry on Chinese Law ; and Sexual Offenses in Chinese Law .] Bibliography Hulsewé, A. F. P. Remnants of Ch’in Law . Leiden, Netherlands: E. J. Brill, 1985. Jiang, Yonglin , trans. The Great Ming Code . Seattle: University of Washington Press, 2005. Johnson, Wallace , trans. The T’ang Code . Princeton, N.J.: Princeton University Press, 1979. Jones, William C. , trans. The Great Qing Code . Oxford: Oxford University Press, 1994. MacCormack, Geoffrey . Traditional Chinese Penal Law . Edinburgh:...
