American Journal of Criminal Justice V. 5

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5 American J. Crim. Just. 1 (1980)

handle is hein.journals/acnjrlocm5 and id is 1 raw text is:

CRIE AND PUNISHENT:

CHINESE PHILOSOPHIES ND PERSPECTIVES

by

Lee-jan Jan and Cecilia 0. Jan

ABSTRACT

This paper gives a chronological description (from the
earliest written records to premodern China) of the origin
and development of Chinese criminological thinking.

Because China has such a long history and so many different
schools of thought, the treatment in this paper can only focus
on a few significant periods. For instance, the Spring and
Autumn and the Warring States Periods, the seventh to the
third centuries B.C., during which time many theories flourished,
left a profound impact on the later years. The pronouncements
on criminology of the various schools of thought are discussed,
with the emphasis placed on the dominating schools, Confucianism,
Legalism, Taoism, and Mohism.

The change of status of different schools through history,
which signifies turning points in the social system of
managing criminality, is discussed. The definitive T'ang Code,
formulated during the eighth and ninth centuries A.D., is used
to illustrate the distinct character of Chinese law prior to
the introduction of Western concepts in the twentieth century.

The earliest Chinese written discussion of crime and
punishment traditionally dates to the third millennium B.C., in
the Shun Code which listed law as the guide of behavior; four
types of punishment included exile, whipping, spanking, and a
monetary fine. It indicated that under certain conditions,
such as an accident or in a situation beyond a person's control,
the person can be pardoned or the punishment reduced. And under
certain other conditions, such as intentional viciousness, the
punishment can be increased to the death penalty. The stated
purpose of the law is to be kind to people. The Da Yu Code,
promulgated by the first emperor of the Hsia Dynasty
(c. 1994-1523 B.C.) further stated that the ultimate goal
of punishment is to never have to use punishment (Yu T'ieng-
ming, 1977, p. 22).

During the Chou Dynasty (1027-256 B.C.) most of China's
political and legal systems were established. There were

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