Kaihuang Code
Encyclopedia
The Kaihuang Code was a series of laws formulated in China at the time of Sui Dynasty
Emperor Wen of Sui
(r. 581-684 CE). Containing twelve chapters with 500 provisions, the code reconfirmed the legal institutions of the Five Punishments
, Eight Deliberations
and Ten Abominations
. The legal codes of later Chinese dynasties were based on the Kaihuang Code which is of strategic significance in the history of Traditional Chinese law
.
, Emperor Wen of Sui embarked on the reform of the old legal system. He ordered Gao Jiong
and other senior ministers including Yang Su
, Zheng Yi
, Su Wei
and Pei Zheng (裴政) along with 14 other individuals to make extensive use of the meritorious laws of Cao Wei
as well as the Jin, Qi
and Liang
Dynasties. The legal drafting was based on historical severity of laws with compromises made when required. As a result the “New Laws” were enacted in October 581.
Three years later in 583 CE, Emperor Wen received a memorial from the Inspector of the Ministry of Punishments from which he concluded “The number of court cases waiting to be judged has reached 10,000. I believe that our laws are still too strict and many of my old friends are falsely accused of crimes.” He once more ordered Su Wei and Niu Hong (牛弘) amongst others to immediately cancel a number of laws and simplify others with the intention of lightening punishments. Once complete, these new laws were duly proclaimed as the Kaihuang Code.
and Northern Zhou
Dynasties, whilst in the table of contents there are entries for precedents (名例), restrictions on weaponry (卫禁), regulation of government offices (职制), marriage (户婚), barns and warehouses (厩库), dispatch of armies without authority (擅兴), theft and robbery (贼盗 also written as 盗贼), litigation (斗讼), fraudulent practices (诈伪), miscellaneous laws (杂律), capture of evaders (捕亡) and 12 chapters on judging cases (断狱). A number of legal procedures useful for the common people are also listed, for example miscarriages of justice could be individually appealed all the way to the Imperial court.
of later dynasties. At the time of Emperor Wen, the death penalty involved either strangulation or beheading whilst there were three degrees of banishment: 1,000 lǐ
(310 miles, 1,500 lǐ (460 miles)or 2,000 lǐ (620 miles). As an alternative to banishment, an offender might be sentenced to two, two and a half or three years of penal servitude. There were five grades of prison sentence with terms of one year, one and a half years, two years, two and a half years or three years. Beating with a large stick involved between 60 and 100 blows whilst between tens and fifty lashes were given with the bamboo cane.
and bureaucracy
. Offenders falling within the scope of the Eight Deliberations or government officials of the seventh rank (七品) and above could have their sentences reduced except in the case of a crime classified as one the Ten Abominations. Officials of the eighth rank (八品) and above were absolved of their crime on payment of a suitable sum of money to the Imperial treasury.
law. Every legal institution of the Tang Dynasty
is direct successor to those of the Sui Dynasty and the Kaihuang Code a blueprint for its laws. Later, the Song
, Ming
and Qin
Dynasties would all continue to use the code, making it a fundamental part of the development of the Chinese legal system. The Kaihuang Code also influenced the foundation and development of the legal systems of other South East Asian countries including Japan
, Korea
and Vietnam
.
Sui Dynasty
The Sui Dynasty was a powerful, but short-lived Imperial Chinese dynasty. Preceded by the Southern and Northern Dynasties, it ended nearly four centuries of division between rival regimes. It was followed by the Tang Dynasty....
Emperor Wen of Sui
Emperor Wen of Sui
Emperor Wen of Sui — personal name Yang Jian , Xianbei name Puliuru Jian , nickname Naluoyan — was the founder and first emperor of China's Sui Dynasty . He was a hard-working administrator and a micromanager. As a Buddhist, he encouraged the spread of Buddhism through the state...
(r. 581-684 CE). Containing twelve chapters with 500 provisions, the code reconfirmed the legal institutions of the Five Punishments
Five Punishments
The Five Punishments was the collective name for a series of physical penalties meted out by the legal system of pre-modern Dynastic China. Over time, the nature of the Five Punishments varied. Before the time of Western Han Dynasty Emperor Han Wendi they involved tatooing, cutting off the nose,...
, Eight Deliberations
Eight Deliberations
Eight Deliberations , also translated as Eight Considerations, Eight Discussions or Eight Discussed Cases, was a set of principles used by traditional Chinese law in order to lessen legal punishment on the royalties, nobles and members of upper classes.-Origins:The Eight Deliberations were...
and Ten Abominations
Ten Abominations
The Ten Abominations were a list of offenses under traditional Chinese law which were regarded as the most abhorrent, and which threatened the well-being of civilized society. They are listed below. The first three were capital offences:...
. The legal codes of later Chinese dynasties were based on the Kaihuang Code which is of strategic significance in the history of Traditional Chinese law
Traditional Chinese law
Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BC...
.
Formulation and enactment
In 581 CE, the first year of the Kaihuang (开皇/開皇) EraChinese era name
A Chinese era name is the regnal year, reign period, or regnal title used when traditionally numbering years in an emperor's reign and naming certain Chinese rulers . Some emperors have several era names, one after another, where each beginning of a new era resets the numbering of the year back...
, Emperor Wen of Sui embarked on the reform of the old legal system. He ordered Gao Jiong
Gao Jiong
Gāo Jiǒng Gāo Jiǒng Gāo Jiǒng (d. August 27, 607 courtesy name Zhaoxuan (昭玄), alternative name Min (敏), known during the Northern Zhou period by the Xianbei name Dugu Jiong (独孤颎/獨孤熲), was a key official and general of the Chinese Sui Dynasty...
and other senior ministers including Yang Su
Yang Su
Yang Su , courtesy name Chudao , formally Duke Jingwu of Chu , was a powerful general during Sui Dynasty whose authority eventually became nearly as supreme as the emperor's...
, Zheng Yi
Zheng Yi
Zheng Yi the pinyin romanization for a number of Chinese names, might refer to* 鄭一 Zheng Yi , a pirate;* 郑义 - a number of Chinese personalities ; among them:** Zheng Yi, the 1947-born writer, author of the Scarlet Memorial 紅色紀念碑...
, Su Wei
Su Wei
Su Wei , courtesy name Wuwei , was a high level official of the Chinese dynasty Sui Dynasty. He first became an important official during the reign of Sui's founder Emperor Wen, and after Emperor Wen's death continued to serve Emperor Wen's son Emperor Yang. He was often praised for his...
and Pei Zheng (裴政) along with 14 other individuals to make extensive use of the meritorious laws of Cao Wei
Cao Wei
Cao Wei was one of the states that competed for control of China during the Three Kingdoms period. With the capital at Luoyang, the state was established by Cao Pi in 220, based upon the foundations that his father Cao Cao laid...
as well as the Jin, Qi
Northern Qi
The Northern Qi Dynasty was one of the Northern dynasties of Chinese history and ruled northern China from 550 to 577.-History:The Chinese state of Northern Qi was the successor state of the Chinese/Xianbei state of Eastern Wei and was founded by Emperor Wenxuan...
and Liang
Liang Dynasty
The Liang Dynasty , also known as the Southern Liang Dynasty , was the third of the Southern dynasties in China and was followed by the Chen Dynasty...
Dynasties. The legal drafting was based on historical severity of laws with compromises made when required. As a result the “New Laws” were enacted in October 581.
Three years later in 583 CE, Emperor Wen received a memorial from the Inspector of the Ministry of Punishments from which he concluded “The number of court cases waiting to be judged has reached 10,000. I believe that our laws are still too strict and many of my old friends are falsely accused of crimes.” He once more ordered Su Wei and Niu Hong (牛弘) amongst others to immediately cancel a number of laws and simplify others with the intention of lightening punishments. Once complete, these new laws were duly proclaimed as the Kaihuang Code.
Legal content
The Kaihuang Code contains a total of twelve chapters which in turn contain 500 statutes. Compared to the previous laws, 80 capital offences no longer appear along with 154 crimes for which banishment was formerly the punishment. More than one thousand offences for which imprisonment and caning were previously prescribed were also removed from the statute book. The primary sources of the changes were the published laws of the Northern QiNorthern Qi
The Northern Qi Dynasty was one of the Northern dynasties of Chinese history and ruled northern China from 550 to 577.-History:The Chinese state of Northern Qi was the successor state of the Chinese/Xianbei state of Eastern Wei and was founded by Emperor Wenxuan...
and Northern Zhou
Northern Zhou
The Northern Zhou Dynasty followed the Western Wei, and ruled northern China from 557 to 581. It was overthrown by the Sui Dynasty.Northern Zhou's basis of power was established by Yuwen Tai, who was paramount general of Western Wei, following the split of Northern Wei into Western Wei and...
Dynasties, whilst in the table of contents there are entries for precedents (名例), restrictions on weaponry (卫禁), regulation of government offices (职制), marriage (户婚), barns and warehouses (厩库), dispatch of armies without authority (擅兴), theft and robbery (贼盗 also written as 盗贼), litigation (斗讼), fraudulent practices (诈伪), miscellaneous laws (杂律), capture of evaders (捕亡) and 12 chapters on judging cases (断狱). A number of legal procedures useful for the common people are also listed, for example miscarriages of justice could be individually appealed all the way to the Imperial court.
Punishments
Due to the severe and harsh nature of the government that he witnessed during his time as a Northern Zhou official, Emperor Wen of Sui advocated clear and simple frugal laws that would please the population at large. After he became Emperor and during the drafting of the new laws, Emperor Wen abolished the previous dynasties punishments of whipping, beheading, tearing limb from limb with chariots and other cruel punishments such as the law requiring the death of all offspring of an offender (孥戮相坐之法). In their place a new set of laws were implemented: the death penalty, banishment, imprisonment, beating with a large stick and beating on the buttocks with a light bamboo cane. These formed the basis for the Five PunishmentsFive Punishments
The Five Punishments was the collective name for a series of physical penalties meted out by the legal system of pre-modern Dynastic China. Over time, the nature of the Five Punishments varied. Before the time of Western Han Dynasty Emperor Han Wendi they involved tatooing, cutting off the nose,...
of later dynasties. At the time of Emperor Wen, the death penalty involved either strangulation or beheading whilst there were three degrees of banishment: 1,000 lǐ
Li (unit)
The li is a traditional Chinese unit of distance, which has varied considerably over time but now has a standardized length of 500 meters or half a kilometer...
(310 miles, 1,500 lǐ (460 miles)or 2,000 lǐ (620 miles). As an alternative to banishment, an offender might be sentenced to two, two and a half or three years of penal servitude. There were five grades of prison sentence with terms of one year, one and a half years, two years, two and a half years or three years. Beating with a large stick involved between 60 and 100 blows whilst between tens and fifty lashes were given with the bamboo cane.
The Ten Abominations
The Ten Abominations laid out in the Kaihuang Code were based on The Ten Felonies (重罪十条) of the Northern Qi Dynasty. According to the new statutes, “on the completion of a prison sentence handed down for one of the Ten Abominations or premeditated murder, even if pardoned the offender’s name will be expunged from his ancestral records”. Over time, The Ten Abominations defined in the Kaihuang Code were adopted by later dynasties without modification.Privileges
The Kaihuang code offered certain privileges to criminal offenders who were members of the nobilityNobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
and bureaucracy
Mandarin (bureaucrat)
A mandarin was a bureaucrat in imperial China, and also in the monarchist days of Vietnam where the system of Imperial examinations and scholar-bureaucrats was adopted under Chinese influence.-History and use of the term:...
. Offenders falling within the scope of the Eight Deliberations or government officials of the seventh rank (七品) and above could have their sentences reduced except in the case of a crime classified as one the Ten Abominations. Officials of the eighth rank (八品) and above were absolved of their crime on payment of a suitable sum of money to the Imperial treasury.
Evaluation and assessment
Even though the Sui Dynasty lasted only 37 years, the reformation of its legal institutions accomplished major results. The Kaihuang Code is regarded by historians as an example of “good law” and the origin of Han ChineseHan Chinese
Han Chinese are an ethnic group native to China and are the largest single ethnic group in the world.Han Chinese constitute about 92% of the population of the People's Republic of China , 98% of the population of the Republic of China , 78% of the population of Singapore, and about 20% of the...
law. Every legal institution of the Tang Dynasty
Tang Dynasty
The Tang Dynasty was an imperial dynasty of China preceded by the Sui Dynasty and followed by the Five Dynasties and Ten Kingdoms Period. It was founded by the Li family, who seized power during the decline and collapse of the Sui Empire...
is direct successor to those of the Sui Dynasty and the Kaihuang Code a blueprint for its laws. Later, the Song
Song Dynasty
The Song Dynasty was a ruling dynasty in China between 960 and 1279; it succeeded the Five Dynasties and Ten Kingdoms Period, and was followed by the Yuan Dynasty. It was the first government in world history to issue banknotes or paper money, and the first Chinese government to establish a...
, Ming
Ming Dynasty
The Ming Dynasty, also Empire of the Great Ming, was the ruling dynasty of China from 1368 to 1644, following the collapse of the Mongol-led Yuan Dynasty. The Ming, "one of the greatest eras of orderly government and social stability in human history", was the last dynasty in China ruled by ethnic...
and Qin
Qin Dynasty
The Qin Dynasty was the first imperial dynasty of China, lasting from 221 to 207 BC. The Qin state derived its name from its heartland of Qin, in modern-day Shaanxi. The strength of the Qin state was greatly increased by the legalist reforms of Shang Yang in the 4th century BC, during the Warring...
Dynasties would all continue to use the code, making it a fundamental part of the development of the Chinese legal system. The Kaihuang Code also influenced the foundation and development of the legal systems of other South East Asian countries including Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Korea
Korea
Korea ) is an East Asian geographic region that is currently divided into two separate sovereign states — North Korea and South Korea. Located on the Korean Peninsula, Korea is bordered by the People's Republic of China to the northwest, Russia to the northeast, and is separated from Japan to the...
and Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
.