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The Great Qing Code comprises 436 articles divided into seven parts, further subdivided into chapters. The first part (Names and General Rules) is a General Part, similar to that of Germany's Bürgerliches Gesetzbuch, which contains the general legal rules, principles, and concepts applied to the rest of the Code.
The centrepiece of the penal law is the "code of punishments" issued by each dynasty at its inception. Although fragments of laws survive from the Qin and Han, the first surviving complete code was the Kaihuang Code developed during the Sui dynasty and adopted by later dynasties including the Tang in 653.
The Five Punishments (Chinese: 五刑; pinyin: wǔ xíng; Cantonese Yale: ńgh yìhng) was the collective name for a series of physical penalties meted out by the legal system of pre-modern dynastic China. [1] Over time, the nature of the Five Punishments varied. Before the Western Han dynasty Emperor Han Wendi (r.
Once written law came into existence, the meaning of xíng was extended to include not only punishments but also any state prohibitions whose violation would result in punishments. In modern times, xíng denotes penal law or criminal law. An example of the classical use of xíng is Xíng Bù (刑部, lit. "Department of Punishment") for the ...
During the Qin dynasty (221 BC – 207 BC), punishments became even more rigorous under the first emperor of unified China, Qin Shi Huang (259 BC – 210 BC). In order to uphold his rule, strict laws were enforced, [9] where deception, libel, and the study of banned books became punishable by familial extermination. [1]
The law, a revised version of 1954 drafts, guaranteed the accused equality before the law regardless of race, nationality, sex, social background, or religious beliefs and gave people the right to a lawyer. In certain cases, the lawyer would be court-appointed. The law called for independence of the judiciary from political interference.
The famous Han poet and statesman Jia Yi concluded his essay The Faults of Qin (zh:过秦论) with what was to become the standard Confucian judgment of the reasons for Qin's collapse. Jia Yi's essay, admired as a masterpiece of rhetoric and reasoning , was copied into two great Han histories and has had a far-reaching influence on Chinese ...
Punishments in the Qin and early Han were commonly pardoned or redeemed in exchange for fines, labor or one to several aristocratic ranks, even up to the death penalty. Not the most common punishments, the Qin's mutilating punishment likely exist in part to create labor in agriculture, husbandry, workshops, and wall building.