Historical Studies (Chinese Edition)

No.2, 2018

 

Prisoners Returning to Prison after Temporary Release and the Construction of Virtuous Rule in the Early Tang Dynasty (Abstract)

 

Chen Shuang

 

“Prisoners returning to prison after temporary release” (zongqiu guiyu) was a common phenomenon in the Han and Tang. It particularly referred to local magistrates’ practice of unofficially freeing prisoners temporarily so that they could see their families. Moved by gratitude, the prisoners would return to prison on schedule. Releasing prisoners contravened the imperial legal code, but it was seen as a way for meritorious officials to reduce lawsuits and punishments and instill public morality. Formulaic records of such model deeds are frequently to be seen in the histories, but they mingle the true and the false and the real and the imagined. However, such historical narratives directly influenced political behavior in the real world. In the Han and Tang dynasties, many local officials imitated this practice of letting prisoners out, and it became a historical tradition. At some time during the Sui and Tang dynasties, the emperor replaced the good official as the main player in this story. To demonstrate the peace and prosperity of his reign, Emperor Taizong of Tang bypassed the law and in an act of benevolence initiated the Zhenguan reign period release of prisoners. However, when this attempt at virtuous rule was unsuccessful, stories of good officials releasing prisoners disappeared precipitately from the official histories. The political model of rule by upright officials that had lasted since the Han and Wei dynasties was abandoned, and the Tang dynasty entered an era of codified law.