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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.
Therefore, like Confucianism, Legalism is subject to abuse as well. In fact, the Qin emperor implemented strict laws and extremely harsh punishments without taking into account mitigating circumstances even for insignificant crimes. For example, books were burned and people holding different ideals were buried alive.
The Book of Lord Shang includes a large number of ordinances, essays, and courtly petitions attributed to Shang Yang, as well as discourses delivered at the Qin court. The book focuses mainly on maintaining societal order through a system of impartial laws that strictly mete out rewards and punishments for citizens' actions.
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 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.
Confucian historians condemned the emperor Qin Shi Huang in the Ten Crimes of Qin, a list that was compiled to highlight his tyrannical actions.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.
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.