Research Articles

 

Historical Studies (Chinese Edition)

No.5, 2018

 

A New Understanding of the Legal System in the Last Years of the Western Han Dynasty: A Case Study of the Official Record of the Zhang Xun Embezzlement Case (Abstract)

 

Xu Shihong

 

Two wooden tablets unearthed from J3 in Tuzishan, Yiyang, Hunan, recording the judgment in the case of embezzlement by Zhang Xun in the second year of the Han Emperor Ping (2 CE), provide rich information on the legal system toward the end of the Western Han dynasty. Here, the word ju (鞫) refers not only to the procedure for identifying the facts of a crime, but also to all the proceedings in a legal case. Unlike the Qin and early Han dynasties, this period had the grade of over 250 units of money for bribery, embezzlement and pilferage. The requirement that convicted criminals “dress according to law” indicates that prison attire was laid down by law. Twice the amount embezzled could be recovered from the perpetrator, and his household members were likewise liable for making good. Criminals sentenced to kunqian chengdan (髡钳城旦, having their heads shaved, wearing a cangue, and being engaged on public works) were to be sent to hard labor by the Minister of Works. The term juejian (爵减, reduced punishments for officials) found on the wooden slips means avoidance of punishment in the existing historical sources. The case came under the jurisdiction of Yiyang County. The term lun jue yan (论决言, reporting the final decision) meant reporting the outcome of the trial to the prefectural government, but did not necessarily imply a procedural review.