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Chinese Literature
Xingfa zhi 刑法志

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Xingfa zhi 刑法志 "Treatise on the penal law" is a kind of treatise on jurisdiction in imperial China that is included in most official dynastic histories. It appears first in the Hanshu 漢書 and is used in the Jinshu 晉書, Suishu 隋書, Jiutangshu 舊唐書, Xintangshu 新唐書, Jiu Wudaishi 舊五代史, Songshi 宋史, Liaoshi 遼史, Jinshi 金史, Yuanshi 元史, Mingshi 明史 and Qingshigao 清史稿.

In the Weishu 魏書 the treatise on law is called Xingfa zhi 刑罰志. The treatises describe the origin of administrative (falü 法律) and penal law ( 刑法), its character, intention and use, and the relation between the Confucian term "ritual" (li 禮) and the legalist term "corporal punishment" (xing 刑) through all ages. The names and applications of the most important punishments are described, the system of investigation of criminal cases and the structure of the jail system.

Qiu Hanping 丘漢平 (1904-1990) extracted all treatises on law from the official histories and compiled the collection Lidai xingfa zhi 歷代刑法志, published in 1938 by the Commercial Press 商務印書館. This collection also includes supplementary information on the penal system of the Later Han 後漢 (25-220 CE), the Cao-Wei 曹魏 (220-265) and the Southern and Northern Dynasties 南北朝 (300~600) , as well as Wang Shiduo's 汪士鐸 (1802-1889) Nanbeichao xingfa zhi 南北朝刑法志 and Song Lian's 宋濂 (1310-1381) Yuan xingfa zhi 元刑法志. The collection also includes quotations on judicial matters from other parts of the official dynastic histories.

Source: Jianming fazhi shi cidian, 188. Xingshi faxue da cidian, 310. Zhongguo da baike quanshu: Faxue, 654. Zhongguo wenhua cidian, 179. Zhongguo xueshu mingzhu tiyao: Zhengzhi falü, 692. Zhonghua baike yaolan, 357. Zhonghua guocui da cidian, 212.

June 24, 2017 © Ulrich Theobald · Mail
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