Tang Code
Encyclopedia
The Tang Code was a penal code that was established and used during the Tang Dynasty
in China
. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia
. The Code synthesised Legalist and Confucian interpretations of law. It is composed of 12 sections that contain a total of more than 500 articles. It was created in 624, modified in 627 and 637, and enhanced with a commentary (the Tánglǜ shūyì 唐律疏議) in 653. Considered as one of the greatest achievements of traditional Chinese law
, the Tang Code is also the earliest Chinese Code to have been transmitted to the present in its complete form.
(564) dynasty, which was itself based on the earlier codes of the Cao-Wei and Western Jin (268). Aiming to smooth the earlier laws and reduce physical punishments (such as mutilations) in order to appease social tensions in the newly pacified Tang territories, it was created in AD 624 at the request of Emperor Gaozu of Tang
. After further revisions in 627 and 637 under Emperor Taizong
, the code was completed by commentaries in 653
, under Gaozong
.
French historian and sinologist Jacques Gernet
has called the Tang Code "an admirable composition of faultless logic in spite of its size and complexity." It contained more than 500 articles divided into twelve large sections (see right-side table).
The penalty for an offence was determined according to two factors:
The local magistrate acted as examiner and sometimes as investigator, but his final role in legal cases was to determine the proper penalty for the offense that had been committed: he had to fix the nature of the offense as defined by the code, and to increase or reduce the associated penalty depending on the social relation between offender and victim.
The offence modulated according to the degree of social relation determined the final penalty which could range from flagellation using a rattan
and bastinado with a bamboo stick, to penal labour
, exile with penal labour, and death by strangulation (garrote
) or decapitation.
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...
in China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia
East Asia
East Asia or Eastern Asia is a subregion of Asia that can be defined in either geographical or cultural terms...
. The Code synthesised Legalist and Confucian interpretations of law. It is composed of 12 sections that contain a total of more than 500 articles. It was created in 624, modified in 627 and 637, and enhanced with a commentary (the Tánglǜ shūyì 唐律疏議) in 653. Considered as one of the greatest achievements 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...
, the Tang Code is also the earliest Chinese Code to have been transmitted to the present in its complete form.
Origin and context
The Tang code took its roots in the code of the Northern ZhouNorthern 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...
(564) dynasty, which was itself based on the earlier codes of the Cao-Wei and Western Jin (268). Aiming to smooth the earlier laws and reduce physical punishments (such as mutilations) in order to appease social tensions in the newly pacified Tang territories, it was created in AD 624 at the request of Emperor Gaozu of Tang
Emperor Gaozu of Tang
Emperor Gāozǔ of Táng , born Lǐ Yuān , courtesy name Shūdé , was the founder of the Tang Dynasty of China, and the first emperor of this dynasty from 618 to 626. Under the Sui dynasty, Li Yuan was the governor in the area of modern-day Shanxi, and was based in Taiyuan.In 615, Li Yuan was assigned...
. After further revisions in 627 and 637 under Emperor Taizong
Emperor Taizong of Tang
Emperor Taizong of Tang , personal name Lǐ Shìmín , was the second emperor of the Tang Dynasty of China, ruling from 626 to 649...
, the code was completed by commentaries in 653
653
Year 653 was a common year starting on Tuesday of the Julian calendar. The denomination 653 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years.- Europe :* Sigeberht II the Good succeeds Sigeberht I...
, under Gaozong
Emperor Gaozong of Tang
Emperor Gaozong of Tang , personal name Li Zhi , was the third emperor of the Tang Dynasty in China, ruling from 649 to 683...
.
Organization and system of punishments
| Section | Name |
|---|---|
| I | General definitions and rules |
| II | Laws relating to passing into or through forbidden places (imperial palaces, town gates, walls, frontier posts) |
| III | Offences committed by officials in the exercise of their functions |
| IV | Laws concerning peasant families (lands, taxes, marriages) |
| V | Laws related to state stud-farms and storehouses |
| VI | Laws relating to the raising of troops |
| VII | Offences against the person and against property |
| VIII | Offences committed in the course of brawls |
| IX | Forgery and counterfeiting |
| X | Various laws of a special character |
| XI | Laws concerning the apprehension of guilty persons |
| XII | Laws relating to the administration of justice |
French historian and sinologist Jacques Gernet
Jacques Gernet
Professor Jacques Gernet is an eminent French sinologist of the second half of the 20th century. His best-known work is The Chinese Civilization, a 900 page summary of Chinese history and civilization which has been translated into many languages.Gernet obtained a degree in classics at Algiers in...
has called the Tang Code "an admirable composition of faultless logic in spite of its size and complexity." It contained more than 500 articles divided into twelve large sections (see right-side table).
The penalty for an offence was determined according to two factors:
- Offence : The Tang Code clearly associated each offence with a penalty.
- Relational position : For relatives, this position was measured by the kind and duration of mourning that had to be observed for each degree of kinship. Relations outside the family were defined according to positions in a social hierarchy capped by the emperor himself. In this hierarchy, officials were higher than ordinary men, who were themselves superior to persons of servile status. For instance, a slave committing a crime against his master was punished more severely than if an ordinary person had committed the same crime. The same offence committed by the master against his slave, on the other hand, resulted in a lower penalty than the same crime committed by a common person.
The local magistrate acted as examiner and sometimes as investigator, but his final role in legal cases was to determine the proper penalty for the offense that had been committed: he had to fix the nature of the offense as defined by the code, and to increase or reduce the associated penalty depending on the social relation between offender and victim.
The offence modulated according to the degree of social relation determined the final penalty which could range from flagellation using a rattan
Rattan
Rattan is the name for the roughly 600 species of palms in the tribe Calameae, native to tropical regions of Africa, Asia and Australasia.- Structure :...
and bastinado with a bamboo stick, to penal labour
Penal labour
Penal labour is a form of unfree labour in which prisoners perform work, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence which involve penal labour include penal servitude and imprisonment with hard labour...
, exile with penal labour, and death by strangulation (garrote
Garrote
A garrote or garrote vil is a handheld weapon, most often referring to a ligature of chain, rope, scarf, wire or fishing line used to strangle someone....
) or decapitation.