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{{short description|Name for the physical penalties of the dynastic Chinese legal system}}
The '''Five Punishments''' ({{zh|c=五刑|p=wǔ xíng|cy=ńgh yìhng}}) was the collective name for a series of physical penalties meted out by the legal system of pre-modern [[Dynasties in Chinese history|dynastic China]].<ref>{{Cite book|first=Ivan|last=Chen|title=The Book of Filial Duty|chapter=Chapter XI|year=1908}}</ref> Over time, the nature of the Five Punishments varied. Before the time of Western [[Han dynasty]] Emperor [[Emperor Wen of Han|Han Wendi]] (r. 180–157 BC) they involved tattooing, cutting off the nose, amputation of one or both feet, castration and death.<ref>{{Cite book|first=Zhengyuan|last=Fu|title=Autocratic tradition and Chinese politics|year=1993|chapter=Law as punishment|page=109|ISBN=0-521-44228-1}}</ref><ref>{{Cite web|url=http://ctext.org/shang-shu/marquis-of-lu-on-punishments/ens|title=Marquis of Lu on Punishments (吕刑)|accessdate=August 25, 2010}}</ref> Following the [[Sui dynasty|Sui]] and [[Tang dynasty|Tang]] dynasties (581–907 CE) these were changed to penal servitude, banishment, death, or [[corporal punishment]] in the form of whipping with bamboo strips or flogging with a stick. Although the Five Punishments were an important part of Dynastic China's penal system they were not the only methods of punishment used.

The '''Five Punishments''' ({{zh|c=五刑|p=wǔ xíng|cy=ńgh yìhng}}) was the collective name for a series of physical penalties meted out by the legal system of pre-modern [[Dynasties in Chinese history|dynastic China]].<ref>{{Cite book|first=Ivan|last=Chen|title=The Book of Filial Duty|chapter=Chapter XI|year=1908}}</ref> Over time, the nature of the Five Punishments varied. Before the [[Western Han dynasty]] Emperor [[Emperor Wen of Han|Han Wendi]] ({{Reign}}180–157 BC),{{Clarify|reason=What is the purpose of mentioning Han Wendi? Were the following punishments used only before the reign of Han Wendi? If so, what was used between his reign and the Sui/Tang dynasties?|date=June 2024}} the punishments involved [[History of tattooing#China|tattooing]], [[Rhinotomy|cutting off the nose]], [[amputation]] of one or both feet, [[castration]], and [[Capital punishment in China|death]].<ref>{{Cite book|first=Zhengyuan|last=Fu|title=Autocratic tradition and Chinese politics|year=1993|chapter=Law as punishment|page=109|isbn=0-521-44228-1}}</ref><ref>{{Cite web|url=http://ctext.org/shang-shu/marquis-of-lu-on-punishments/ens|title=Marquis of Lu on Punishments (吕刑)|access-date=August 25, 2010}}</ref> Following the [[Sui dynasty|Sui]] and [[Tang dynasty|Tang]] dynasties (581–907 AD), these were changed to [[penal servitude]], [[banishment]], death, or [[corporal punishment]] in the form of whipping with bamboo strips or flogging with a stick. Although the Five Punishments were an important part of Dynastic China's penal system, they were not the only methods of punishment used.


==Origin==
==Origin==
{{Unreferenced section|date=October 2013}}
{{Unreferenced section|date=October 2013}}
The earliest users of the Five Punishments are believed by some to be the [[Sanmiao]] Clan (三苗氏). Other sources claim they originated with [[Chiyou]], the legendary creator of metalwork and weapons and leader of the ancient [[Chiyou|Nine Li]] (九黎) ethnic group. During the subsequent [[Xia dynasty]] (ca. 2070 BCE–ca. 1600 BCE), [[Qi of Xia]], son of [[Yu the Great]], the dynasty's founder, adopted the Miao's punishments of amputation of one or both feet (''yuè'' 刖), cutting off of the nose ('''' 劓), chiseling (''zhuó'' 琢), tattooing the face or forehead (''qíng'' 黥) and other types of punishment. Tattooing, amputation of the nose or feet, removal of the reproductive organs and death became the main five forms of the punishment system during this period. From the Xia Dynasty onwards through the [[Shang dynasty]] (1600–1046 BCE) and the [[Zhou dynasty]] (1046–256 BCE). The "Five Punishments for Slaves" were abolished during the reign of [[Emperor Wen of Han]] following a petition from a female subject [[Chunyu Tiying]] (淳于緹縈), and replaced by the "Five Punishments for Serfs".
The earliest users of the Five Punishments are believed by some to be the [[Miao people|Sanmiao]] Clan ({{Zh|t=三苗氏|labels=no}}). Other sources claim they originated with [[Chiyou]], the legendary creator of metalwork and weapons and leader of the ancient [[Chiyou|Nine Li]] ({{Zh|t=九黎|labels=no}}) ethnic group. During the subsequent [[Xia dynasty]] (c. 2070 BC – c. 1600 BC), [[Qi of Xia]], son of [[Yu the Great]], the dynasty's founder, adopted the Miao's punishments of amputation of one or both feet ({{Zh|t=刖|labels=no|p=yuè}}), cutting off of the nose ({{Zh|t=劓|labels=no|p=}}), chiseling ({{Zh|t=|labels=no|p=zhuó}}), tattooing the face or forehead ({{Zh|t=|labels=no|p=qíng}}) and other types of punishment. Tattooing, amputation of the nose or feet, removal of the reproductive organs and death became the main five forms of the punishment system during this period. From the Xia Dynasty onwards through the [[Shang dynasty]] (1600–1046 BC) and the [[Zhou dynasty]] (1046–256 BC). The "Five Punishments for Slaves" were abolished during the reign of [[Emperor Wen of Han]] following a petition from a female subject [[Ti Ying|Chunyu Tiying]] ({{Zh|t=淳于緹縈|labels=no}}), and were replaced by the "Five Punishments for Serfs".


==The Five Punishments in ancient China==
==In ancient China==
Apart from the death penalty, the remaining four Punishments for Slaves were designed to bring about damage to their bodies that would mark them for life.<ref>{{cite book|url=https://books.google.com/books?id=eYhgf_Y90soC&pg=PA176&dq=gong+castration&hl=en&ei=o10yTYHfIcrogQfDtODJCw&sa=X&oi=book_result&ct=result&resnum=2&ved=0CCgQ6AEwAQ#v=onepage&q=gong%20castration&f=false|title=The conscience of humankind: literature and traumatic experiences|author=International Comparative Literature Association. Congress, Elrud Ibsch, Douwe Wessel Fokkema|year=2000|publisher=Rodopi|location=|isbn=90-420-0420-7|page=176|pages=|accessdate=2011-01-11}}</ref> All ordinary citizens were subjected to these punishments.<ref>{{cite book|url=https://books.google.com/books?ei=bzUzTZrHBIL58AaOlv2cCQ&ct=result&id=WZ8sAAAAMAAJ&dq=means+having+words+tattooed+on+the+face%3B+yixing+means+cutting+off+the+nose%3B+yuexing+means+cutting+off+a+foot%3B+and+gongxing+means+castration.+These+forms+of+punishment+were+all+designed+for+ordinary+people&q=gongxing+castration+ordinary+people|title=Daily report: People's Republic of China, Issues 223-232|author=United States. Foreign Broadcast Information Service|year=1979|publisher=Distributed by National Technical Information Servicei|location=|isbn=|page=78|pages=|accessdate=2011-01-11}}</ref> These punishments were for men. The number of crimes to which the punishment was applicable is listed next to each one.<ref>{{cite book|url=https://books.google.com/books?id=qDo3xBcsX-UC&pg=PA69&dq=kung+hsing+castration&hl=en&ei=gGs2Te-RHYK8lQfs06mRAw&sa=X&oi=book_result&ct=result&resnum=6&ved=0CDoQ6AEwBQ#v=onepage&q=kung%20hsing%20castration&f=false|title=The grand scribe's records, Volume 1|author1=Qian Sima |author2=William H. Nienhauser |year=1994|publisher=Indiana University Press|location=|isbn=0-253-34021-7|page=69|pages=|accessdate=2011-01-11}}</ref>
Apart from the death penalty, the remaining four Punishments for Slaves were designed to bring about damage to their bodies that would mark them for life.<ref>{{cite book|url=https://books.google.com/books?id=eYhgf_Y90soC&q=gong+castration&pg=PA176|title=The conscience of humankind: literature and traumatic experiences|author=International Comparative Literature Association. Congress, Elrud Ibsch, Douwe Wessel Fokkema|year=2000|publisher=Rodopi|isbn=90-420-0420-7|page=176|access-date=2011-01-11}}</ref> All ordinary citizens were subject to these punishments.<ref>{{cite book|url=https://books.google.com/books?id=WZ8sAAAAMAAJ&q=gongxing+castration+ordinary+people|title=Daily report: People's Republic of China, Issues 223-232|author=United States. Foreign Broadcast Information Service|year=1979|publisher=Distributed by National Technical Information Servicei|page=78|access-date=2011-01-11}}</ref> These punishments were for men. The number of crimes to which the punishment was applicable is listed next to each one.<ref>{{cite book|url=https://books.google.com/books?id=qDo3xBcsX-UC&q=kung+hsing+castration&pg=PA69|title=The grand scribe's records, Volume 1|author1=Qian Sima |author2=William H. Nienhauser |year=1994|publisher=Indiana University Press|isbn=0-253-34021-7|page=69|access-date=2011-01-11}}</ref>
* ''Mò'' (墨), also known as ''qíng'' (黥), where the offender would be tattooed on the face or forehead with indelible ink. (1,000 crimes)
* ''Mò'' ({{Zh|t=|labels=no}}), also known as ''qíng'' ({{Zh|t=|labels=no}}), where the offender would be tattooed on the face or forehead with indelible ink.
* ''Yì'' (劓), where the offender's nose was cut off. This was done without an anesthetic. (1,000 crimes)
* ''Yì'' ({{Zh|t=|labels=no}}), where the offender's nose was cut off without [[anesthesia]].
* ''Yuè'' (刖), also known as ''bìn'' (臏) during the [[Xia dynasty]] and ''zhǎnzhǐ'' (斬趾) during the [[Qin dynasty]], involved amputation of the left or right foot or both. Other sources claim that this punishment involved removal of the kneecap, which is claimed to be the source of [[Warring States period]] military strategist [[Sun Bin]]'s name. (500 crimes)
* ''Yuè'' ({{Zh|t=|labels=no}}), also known as ''bìn'' ({{Zh|t=|labels=no}}) during the [[Xia dynasty]] and ''zhǎnzhǐ'' ({{Zh|t=斬趾|labels=no}}) during the [[Qin dynasty]], involved amputation of the left or right foot or both. Other sources claim that this punishment involved removal of the [[kneecap]], which is claimed to be where the name of [[Sun Bin]], a [[Warring States period]] military strategist, comes from. A recent study of a female skeleton found in 1999 revealed her to be the oldest corpse found with evidence of ''yuè''.<ref>{{Cite web |author1=Metcalfe |first=Tom |date=2022-05-23 |title=Ancient Chinese woman faced brutal 'yue' punishment, had foot cut off, skeleton reveals |url=https://www.livescience.com/ancient-china-woman-foot-amputation |access-date=2023-02-20 |website=livescience.com |language=en}}</ref>
* ''Gōng'' (宮), also known as ''yínxíng'' (淫刑), ''fǔxíng'' (腐刑)<ref>{{cite book|url=https://books.google.com/books?id=JyHpGZFxj-4C&pg=PA116&dq=fuxing+castration&hl=en&ei=cF0yTb7eII3PgAf8tvCDCw&sa=X&oi=book_result&ct=result&resnum=6&ved=0CD0Q6AEwBQ#v=onepage&q=fuxing%20castration&f=false|title=Modern Chinese II: Reading and Writing|author1=Garant Uitgevers N.V. |author2=J.C.P. Liang |author3=A.S. Keijser |year=2003|publisher=Garant|location=|isbn=90-5350-714-0|page=116|pages=|accessdate=2011-01-11}}</ref><ref>{{cite book|url=https://books.google.com/books?id=ooYt5VKHLFAC&pg=PT371&dq=fuxing+castration&hl=en&ei=cF0yTb7eII3PgAf8tvCDCw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCcQ6AEwAA#v=onepage&q=fuxing%20castration&f=false|title=An amorous history of the silver screen: Shanghai cinema, 1896-1937|author=Zhen Zhang|year=2005|publisher=University of Chicago Press|location=|isbn=0-226-98238-6|page=335|pages=|accessdate=2011-01-11}}</ref> or ''cánshì xíng'' (蠶室刑), where the male offender's reproductive organs were removed.<ref>{{cite book|url=https://books.google.com/books?id=Dx8VAAAAIAAJ&pg=PA127&dq=kung+hsing+castration&hl=en&ei=gGs2Te-RHYK8lQfs06mRAw&sa=X&oi=book_result&ct=result&resnum=3&ved=0CCwQ6AEwAg#v=onepage&q=kung%20hsing%20castration&f=false|title=remnants of han law|author=A.F.P. HULSEWE|year=1955|publisher=Brill Archive|location=|isbn=|page=127|pages=|accessdate=2011-01-11}}</ref><ref>{{cite book|url=https://books.google.com/books?id=aSGrAAAAIAAJ&pg=PA366&dq=kung+hsing+castration&hl=en&ei=gGs2Te-RHYK8lQfs06mRAw&sa=X&oi=book_result&ct=result&resnum=4&ved=0CDAQ6AEwAw#v=onepage&q=kung%20hsing%20castration&f=false|title=Dictionary of Chinese law and government, Chinese-English|author=Philip R. Bilancia|year=1981|publisher=Stanford University Press|location=|isbn=0-8047-0864-9|page=366|pages=|accessdate=2011-01-11}}</ref> The [[Penis removal|penis was removed]] and [[Castration|testicles were cut off]] ([[emasculation]]), and the offender was sentenced to work as a [[eunuch]] in the Imperial palace.<ref>{{cite book|url=https://books.google.com/books?id=4AboJCPfqPgC&pg=PA250&dq=gongxing&hl=en&ei=umY2TcP9KMb_lgfSqK38Ag&sa=X&oi=book_result&ct=result&resnum=1&sqi=2&ved=0CCMQ6AEwAA#v=onepage&q=gongxing&f=false|title=Gendered modernities: ethnographic perspectives|author=Dorothy Louise Hodgson|year=2001|publisher=Palgrave Macmillan|location=|isbn=0-312-24013-9|page=250|pages=|accessdate=2011-01-11}}</ref><ref>{{cite book|url=https://books.google.com/books?id=3vuybhqHlT4C&pg=PA262&dq=kung+hsing+castration&hl=en&ei=gGs2Te-RHYK8lQfs06mRAw&sa=X&oi=book_result&ct=result&resnum=5&ved=0CDUQ6AEwBA#v=onepage&q=kung%20hsing%20castration&f=false|title=Waiting for the Dawn: A Plan for the Prince : Huang Tsung-Hsi's Ming-I-Tai-Fang Lu|author=William Theodore De Bary|year=1993|publisher=Columbia University Press|location=|isbn=0-231-08097-2|page=262|pages=|accessdate=2011-01-11}}</ref> ''Gōng'' for men was applied to the same crime as ''Gōngxing'' for women, namely adultery, "licentious" or "promiscuous" activity.<ref name="Paul Rakita Goldin 2002 76">{{cite book|url=https://books.google.com/books?id=wXi5IQmqNacC&pg=PA76&dq=kung+castration+women+room&hl=en&ei=IxxGTfWMFJD1gAfqrbTkAQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCcQ6AEwAA#v=onepage&q=kung%20castration%20women%20room&f=false|title=The culture of sex in ancient China|author=Paul Rakita Goldin|year=2002|publisher=University of Hawaii Press|location=|isbn=0-8248-2482-2|page=76|pages=|accessdate=2011-01-11}}</ref> (300 crimes)
* ''Gōng'' ({{Zh|t=|labels=no}}), also known as ''yínxíng'' ({{Zh|t=淫刑|labels=no}}), ''fǔxíng'' ({{Zh|t=腐刑|labels=no}})<ref>{{cite book|url=https://books.google.com/books?id=JyHpGZFxj-4C&q=fuxing+castration&pg=PA116|title=Modern Chinese II: Reading and Writing|author1=Garant Uitgevers N.V. |author2=J.C.P. Liang |author3=A.S. Keijser |year=2003|publisher=Garant|isbn=90-5350-714-0|page=116|access-date=2011-01-11}}</ref><ref>{{cite book|url=https://books.google.com/books?id=ooYt5VKHLFAC&q=fuxing+castration&pg=PT371|title=An amorous history of the silver screen: Shanghai cinema, 1896-1937|author=Zhen Zhang|year=2005|publisher=University of Chicago Press|isbn=0-226-98238-6|page=335|access-date=2011-01-11}}</ref> or ''cánshì xíng'' ({{Zh|t=蠶室刑|labels=no}}), where the male offender's reproductive organs were removed.<ref>{{cite book|url=https://books.google.com/books?id=Dx8VAAAAIAAJ&q=kung+hsing+castration&pg=PA127|title=remnants of han law|author=A.F.P. HULSEWE|year=1955|publisher=Brill Archive|page=127|access-date=2011-01-11}}</ref><ref>{{cite book|url=https://books.google.com/books?id=aSGrAAAAIAAJ&q=kung+hsing+castration&pg=PA366|title=Dictionary of Chinese law and government, Chinese-English|author=Philip R. Bilancia|year=1981|publisher=Stanford University Press|isbn=0-8047-0864-9|page=366|access-date=2011-01-11}}</ref> The [[Penis removal|penis was removed]] and [[Castration|testicles were cut off]] ([[emasculation]]), and the offender was sentenced to work as a [[eunuch]] in the Imperial palace.<ref>{{cite book|url=https://books.google.com/books?id=4AboJCPfqPgC&q=gongxing&pg=PA250|title=Gendered modernities: ethnographic perspectives|author=Dorothy Louise Hodgson|year=2001|publisher=Palgrave Macmillan|isbn=0-312-24013-9|page=250|access-date=2011-01-11}}</ref><ref>{{cite book|url=https://books.google.com/books?id=3vuybhqHlT4C&q=kung+hsing+castration&pg=PA262|title=Waiting for the Dawn: A Plan for the Prince : Huang Tsung-Hsi's Ming-I-Tai-Fang Lu|author=William Theodore De Bary|year=1993|publisher=Columbia University Press|isbn=0-231-08097-2|page=262|access-date=2011-01-11}}</ref> ''Gōng'' for men was applied to the same crime as ''Gōngxing'' for women, namely adultery, licentious or promiscuous activity.<ref name="Paul Rakita Goldin 2002 76">{{cite book|url=https://books.google.com/books?id=wXi5IQmqNacC&q=kung+castration+women+room&pg=PA76|title=The culture of sex in ancient China|author=Paul Rakita Goldin|year=2002|publisher=University of Hawaii Press|isbn=0-8248-2482-2|page=76|access-date=2011-01-11}}</ref>
* ''Dà Pì'' (大辟), the death sentence. Methods of execution were quartering, or cutting the body into four pieces (''fēn wéi lù'' 分為戮); [[Death by boiling|boiling alive]] (''pēng'' 烹); tearing off an offender's head and four limbs by attaching them to [[chariot]]s (''chēliè'' 車裂); beheading (''xiāoshǒu'' 梟首); execution then abandonment of the offender's body in the local public market (''qìshì'' 棄市); strangulation (''jiǎo'' 絞); and slow slicing (''[[lingchi|língchí]]'' 凌遲). Other methods of execution were also used. (200 crimes)
* ''Dà Pì'' ({{Zh|t=大辟|labels=no}}), the death sentence. Methods of execution were quartering, or cutting the body into four pieces ({{Zh|t=分為戮|p=fēn wéi lù|labels=no}}); [[Death by boiling|boiling alive]] ({{Zh|t=烹|p=pēng|labels=no}}); tearing off an offender's head and four limbs by attaching them to [[chariot]]s ({{Zh|t=車裂|p=chēliè|labels=no}}); beheading ({{Zh|t=梟首|p=xiāoshǒu|labels=no}}); execution then abandonment of the offender's body in the local public market ({{Zh|t=棄市|p=qìshì|labels=no}}); strangulation ({{Zh|t=|p=jiǎo|labels=no}}); and slow slicing ({{Zh|t=凌遲|p=[[Lingchi|língchí]]|labels=no}}). Other methods of execution were also used.


==The Five Punishments in Imperial China==
==In Imperial China==
During the [[Western Han dynasty]], tattooing and amputation were abolished as punishments and in subsequent dynasties, the five punishments underwent further modification. By the [[Sui dynasty]], the five punishments had attained the basic form they would have until the end of the imperial era. This is a brief survey of the five punishments during the [[Qing dynasty]]:<ref>Bodde, Derk, and Clarence Morris, Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases (Cambridge, Massachusetts: Harvard University Press, 1967), pp. 76-77.</ref>
During the [[Western Han dynasty]], tattooing and amputation were abolished as punishments and in subsequent dynasties, the five punishments underwent further modification. By the [[Sui dynasty]], the five punishments had attained the basic form they would have until the end of the imperial era. This is a brief survey of the five punishments during the [[Qing dynasty]]:<ref>Bodde, Derk, and Clarence Morris, Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases (Cambridge, Massachusetts: Harvard University Press, 1967), pp. 76-77.</ref>
* ''Chī'' (笞), beating on the buttocks with a light bamboo cane. During the [[Qing dynasty]] (1644–1911), bamboo clappers were used instead. There were five degrees of ''chī'':<ref name=DaMingLu>{{Cite book|first=Jiang (translator)|last=Yonglin|title=Da Ming Lu (大明律) (1397)|year=2005}}</ref>
* ''Chī'' ({{Zh|t=|labels=no}}), [[caning|beating on the buttocks with a light bamboo cane]]. During the [[Qing dynasty]] (1644–1911), bamboo clappers were used instead. There were five degrees of ''chī'':<ref name=DaMingLu>{{Cite book|first=Jiang (translator)|last=Yonglin|title=Da Ming Lu (大明律) (1397)|year=2005}}</ref>
** 10 lashes (remitted on payment of 600 ''wén'' (文) in [[Chinese cash (currency unit)|copper cash]])
** 10 lashes (remitted on payment of 600 ''wén'' ({{Zh|t=|labels=no}}) in [[Chinese cash (currency unit)|copper cash]])
** 20 lashes (remitted on payment of 1 ''guàn'' (貫) and 200 ''wén'' in copper cash)
** 20 lashes (remitted on payment of 1 ''guàn'' ({{Zh|t=|labels=no}}) and 200 ''wén'' in copper cash. 1 guàn equals 1000 wén)
** 30 lashes (remitted on payment of 1 ''guàn'' and 800 ''wén'' in copper cash)
** 30 lashes (remitted on payment of 1 ''guàn'' and 800 ''wén'' in copper cash)
** 40 lashes (remitted on payment of 2 ''guàn'' and 400 ''wén'' in copper cash)
** 40 lashes (remitted on payment of 2 ''guàn'' and 400 ''wén'' in copper cash)
** 50 lashes (remitted on payment of 3 ''guàn'' in copper cash)
** 50 lashes (remitted on payment of 3 ''guàn'' in copper cash)
*''Zhàng'' (杖), beating with a large stick on either the back, buttocks or legs. The five degrees of ''zhàng'' were:<ref name=DaMingLu />
*''Zhàng'' ({{Zh|t=|labels=no}}), beating with a large stick on either the back, buttocks or legs. The five degrees of ''zhàng'' were:<ref name=DaMingLu />
** 60 strokes (remitted on payment of 3 ''guàn'' and 600 ''wén'' in copper cash)
** 60 strokes (remitted on payment of 3 ''guàn'' and 600 ''wén'' in copper cash)
** 70 strokes (remitted on payment of 4 ''guàn'' and 200 ''wén'' in copper cash)
** 70 strokes (remitted on payment of 4 ''guàn'' and 200 ''wén'' in copper cash)
Line 27: Line 29:
** 90 strokes (remitted on payment of 5 ''guàn'' and 400 ''wén'' in copper cash)
** 90 strokes (remitted on payment of 5 ''guàn'' and 400 ''wén'' in copper cash)
** 100 strokes (remitted on payment of 6 ''guàn'' of copper cash)
** 100 strokes (remitted on payment of 6 ''guàn'' of copper cash)
* ''Tú'' (徒), compulsory [[Penal labour|penal servitude]] with five degrees of severity:<ref name=DaMingLu />
* ''Tú'' ({{Zh|t=|labels=no}}), compulsory [[Penal labour|penal servitude]] with five degrees of severity:<ref name=DaMingLu />
** One year of penal servitude plus 60 strokes of the large stick (remitted on payment of 12 ''guàn'' in copper cash)
** One year of penal servitude plus 60 strokes of the large stick (remitted on payment of 12 ''guàn'' in copper cash)
** One and a half years of penal servitude plus 70 strokes of the large stick (remitted on payment of 15 ''guàn'' in copper cash)
** One and a half years of penal servitude plus 70 strokes of the large stick (remitted on payment of 15 ''guàn'' in copper cash)
Line 33: Line 35:
** Two and a half years of penal servitude plus 90 strokes of the large stick (remitted on payment of 21 ''guàn'' in copper cash)
** Two and a half years of penal servitude plus 90 strokes of the large stick (remitted on payment of 21 ''guàn'' in copper cash)
** Three years of penal servitude plus 100 strokes of the large stick (remitted on payment of ''24 guàn'' in copper cash)
** Three years of penal servitude plus 100 strokes of the large stick (remitted on payment of ''24 guàn'' in copper cash)
* ''Liú'' (流), [[exile]] to a remote location (such as [[Hainan]]) with return to one's place of birth being forbidden. There were three degrees of severity:<ref name=DaMingLu />
* ''Liú'' ({{Zh|t=|labels=no}}), [[exile]] to a remote location (such as [[Hainan]]) with return to one's place of birth being forbidden. There were three degrees of severity:<ref name=DaMingLu />
** 2000 ''[[Li (unit)|lĭ]]'' (里) (620 miles) plus 100 strokes of the large stick (remitted on payment of 30 ''guàn'' in copper cash)
** 2000 ''[[Li (unit)|lĭ]]'' ({{Zh|t=|labels=no}}) (1000km, 620 miles) plus 100 strokes of the large stick (remitted on payment of 30 ''guàn'' in copper cash)
** 2,500 ''lǐ'' (775 miles) plus 100 strokes of the large stick (remitted on payment of 33 ''guàn'' in copper cash)
** 2,500 ''lǐ'' (1250km, 775 miles) plus 100 strokes of the large stick (remitted on payment of 33 ''guàn'' in copper cash)
** 3,000 ''lǐ'' (930 miles) plus 100 strokes of the large stick (remitted on payment of 36 ''guàn'' in copper cash)
** 3,000 ''lǐ'' (1500km, 930 miles) plus 100 strokes of the large stick (remitted on payment of 36 ''guàn'' in copper cash)
* ''Sĭ'' (死), death. Following the [[Sui dynasty|Sui]] and [[Tang dynasty|Tang dynasties]] there were generally two options: strangulation (''jiǎo'' 絞) or decapitation (''zhǎn'' 斬). From the [[Song dynasty]] (970–1279 CE) onwards, [[Lingchi|slow slicing]] (''língchí 凌遲'') along with beheading (''xiāoshŏu'' 梟首) were also used. The death penalty could be remitted on payment of 42 ''guàn'' in copper cash.<ref name=DaMingLu />
* ''Sĭ'' ({{Zh|t=|labels=no}}), [[capital punishment|death penalty]]. Following the [[Sui dynasty|Sui]] and [[Tang dynasty|Tang dynasties]] there were generally two options: [[hanging]] ({{Zh|t=|p=jiǎo|labels=no}}) or [[decapitation]] ({{Zh|t=|p=zhǎn|labels=no}}). From the [[Song dynasty]] (970–1279 AD) onwards, [[Lingchi|slow slicing]] ({{Zh|t=凌遲|p=língchí|labels=no}}) along with beheading ({{Zh|t=梟首|p=xiāoshŏu|labels=no}}) were also used. The death penalty could be remitted on payment of 42 ''guàn'' in copper cash.<ref name=DaMingLu />


The scale of the remittance payments can be gauged from the fact that at the time of the [[Qianlong Emperor]] (r. 1736–1795 CE), the average wage of a construction laborer in [[Zhili]] Province was 0.72 ''wén'' or 0.6 [[Troy weight|troy ounces]] of [[silver]] per day.<ref>Databases on Materials, Wages, and Transport Costs in Public Construction in the Qianlong Era</ref>
The scale of the remittance payments can be gauged from the fact that at the era of the [[Qianlong Emperor]] (1735–1796), the average wage of a construction laborer in [[Zhili]] (modern day [[Hebei]]) Province was 0.72 ''wén'' or 0.6 [[Troy weight|troy ounces]] of [[silver]] per day.<ref>Databases on Materials, Wages, and Transport Costs in Public Construction in the Qianlong Era</ref> It takes 160 years of wage from such a worker to pay for remittance of a death sentence.


The following punishments were applied to women for the same crimes as committed by men: {{citation needed|date=June 2012}}
==The Five Punishments for female offenders==
* ''Xíngchōng'' ({{Zh|t=刑舂|labels=no}}), where the offender was forced to grind grain
These punishments were applied to women for the same crimes as committed by men.{{citation needed|date=June 2012}}
* ''Zǎnxíng'' ({{Zh|t=拶刑|labels=no}}), also known as ({{Zh|t=拶指|p=zǎnzhĭ|labels=no}}), [[Zanzhi|squeezing of the fingers]] between sticks
* ''Xíngchōng'' (刑舂), where the offender was forced to grind grain
* ''Zhàngxíng'' ({{Zh|t=杖刑|labels=no}}), beating with wooden staves
* ''Zǎnxíng'' (拶刑), also known as (''zǎnzhĭ'' 拶指), squeezing of the fingers between sticks
* ''Cìsǐ'' ({{Zh|t=賜死|labels=no}}), [[forced suicide]]
* ''Zhàngxíng'' (杖刑), beating with wooden staves
* ''Gōngxíng'' ({{Zh|t=宮刑|labels=no}}), sequestration or confinement to a room. Punishment for licentiousness or [[adultery]]. ''Gōngxing'' for women was applied for the same crimes as the ''gōng'' punishment for men.<ref name="Paul Rakita Goldin 2002 76"/>
* ''Cìsǐ'' (賜死), [[forced suicide]]
* ''Gōngxíng'' (宮刑), sequestration or confinement to a room. Punishment for licentiousness or [[adultery]]. ''Gōngxing'' for women was applied for the same crimes as the ''gōng'' punishment for men.<ref name="Paul Rakita Goldin 2002 76"/>


==See also==
==See also==
* [[Traditional Chinese law]]
* [[Traditional Chinese law]]
* [[Ti Ying]], girl who persuaded [[Emperor Wen of Han]] to abolish the Five Punishments.


==References==
==References==
{{Reflist}}
{{Reflist}}


==External links==
''This article is based on [[:zh:五刑|五刑]] in the Chinese Wikipedia.''


[[Category:Legal history of China]]
[[Category:Legal history of China]]
[[Category:Legal codes]]
[[Category:Legal codes]]
[[Category:Physical punishments]]
[[Category:Corporal punishments]]
[[Category:Amputation]]

Latest revision as of 12:22, 27 August 2024

The Five Punishments (Chinese: 五刑; pinyin: wǔ xíng; Cantonese Yale: ńgh yìhng) was the collective name for a series of physical penalties meted out by the legal system of pre-modern dynastic China.[1] Over time, the nature of the Five Punishments varied. Before the Western Han dynasty Emperor Han Wendi (r.180–157 BC),[clarification needed] the punishments involved tattooing, cutting off the nose, amputation of one or both feet, castration, and death.[2][3] Following the Sui and Tang dynasties (581–907 AD), these were changed to penal servitude, banishment, death, or corporal punishment in the form of whipping with bamboo strips or flogging with a stick. Although the Five Punishments were an important part of Dynastic China's penal system, they were not the only methods of punishment used.

Origin

[edit]

The earliest users of the Five Punishments are believed by some to be the Sanmiao Clan (三苗氏). Other sources claim they originated with Chiyou, the legendary creator of metalwork and weapons and leader of the ancient Nine Li (九黎) ethnic group. During the subsequent Xia dynasty (c. 2070 BC – c. 1600 BC), Qi of Xia, son of Yu the Great, the dynasty's founder, adopted the Miao's punishments of amputation of one or both feet (; yuè), cutting off of the nose (; ), chiseling (; zhuó), tattooing the face or forehead (; qíng) and other types of punishment. Tattooing, amputation of the nose or feet, removal of the reproductive organs and death became the main five forms of the punishment system during this period. From the Xia Dynasty onwards through the Shang dynasty (1600–1046 BC) and the Zhou dynasty (1046–256 BC). The "Five Punishments for Slaves" were abolished during the reign of Emperor Wen of Han following a petition from a female subject Chunyu Tiying (淳于緹縈), and were replaced by the "Five Punishments for Serfs".

In ancient China

[edit]

Apart from the death penalty, the remaining four Punishments for Slaves were designed to bring about damage to their bodies that would mark them for life.[4] All ordinary citizens were subject to these punishments.[5] These punishments were for men. The number of crimes to which the punishment was applicable is listed next to each one.[6]

  • (), also known as qíng (), where the offender would be tattooed on the face or forehead with indelible ink.
  • (), where the offender's nose was cut off without anesthesia.
  • Yuè (), also known as bìn () during the Xia dynasty and zhǎnzhǐ (斬趾) during the Qin dynasty, involved amputation of the left or right foot or both. Other sources claim that this punishment involved removal of the kneecap, which is claimed to be where the name of Sun Bin, a Warring States period military strategist, comes from. A recent study of a female skeleton found in 1999 revealed her to be the oldest corpse found with evidence of yuè.[7]
  • Gōng (), also known as yínxíng (淫刑), fǔxíng (腐刑)[8][9] or cánshì xíng (蠶室刑), where the male offender's reproductive organs were removed.[10][11] The penis was removed and testicles were cut off (emasculation), and the offender was sentenced to work as a eunuch in the Imperial palace.[12][13] Gōng for men was applied to the same crime as Gōngxing for women, namely adultery, licentious or promiscuous activity.[14]
  • Dà Pì (大辟), the death sentence. Methods of execution were quartering, or cutting the body into four pieces (分為戮; fēn wéi lù); boiling alive (; pēng); tearing off an offender's head and four limbs by attaching them to chariots (車裂; chēliè); beheading (梟首; xiāoshǒu); execution then abandonment of the offender's body in the local public market (棄市; qìshì); strangulation (; jiǎo); and slow slicing (凌遲; língchí). Other methods of execution were also used.

In Imperial China

[edit]

During the Western Han dynasty, tattooing and amputation were abolished as punishments and in subsequent dynasties, the five punishments underwent further modification. By the Sui dynasty, the five punishments had attained the basic form they would have until the end of the imperial era. This is a brief survey of the five punishments during the Qing dynasty:[15]

  • Chī (), beating on the buttocks with a light bamboo cane. During the Qing dynasty (1644–1911), bamboo clappers were used instead. There were five degrees of chī:[16]
    • 10 lashes (remitted on payment of 600 wén () in copper cash)
    • 20 lashes (remitted on payment of 1 guàn () and 200 wén in copper cash. 1 guàn equals 1000 wén)
    • 30 lashes (remitted on payment of 1 guàn and 800 wén in copper cash)
    • 40 lashes (remitted on payment of 2 guàn and 400 wén in copper cash)
    • 50 lashes (remitted on payment of 3 guàn in copper cash)
  • Zhàng (), beating with a large stick on either the back, buttocks or legs. The five degrees of zhàng were:[16]
    • 60 strokes (remitted on payment of 3 guàn and 600 wén in copper cash)
    • 70 strokes (remitted on payment of 4 guàn and 200 wén in copper cash)
    • 80 strokes (remitted on payment of 4 guàn and 800 wén in copper cash)
    • 90 strokes (remitted on payment of 5 guàn and 400 wén in copper cash)
    • 100 strokes (remitted on payment of 6 guàn of copper cash)
  • (), compulsory penal servitude with five degrees of severity:[16]
    • One year of penal servitude plus 60 strokes of the large stick (remitted on payment of 12 guàn in copper cash)
    • One and a half years of penal servitude plus 70 strokes of the large stick (remitted on payment of 15 guàn in copper cash)
    • Two years of penal servitude plus 80 strokes of the large stick (remitted on payment of 18 guàn in copper cash)
    • Two and a half years of penal servitude plus 90 strokes of the large stick (remitted on payment of 21 guàn in copper cash)
    • Three years of penal servitude plus 100 strokes of the large stick (remitted on payment of 24 guàn in copper cash)
  • Liú (), exile to a remote location (such as Hainan) with return to one's place of birth being forbidden. There were three degrees of severity:[16]
    • 2000 () (1000km, 620 miles) plus 100 strokes of the large stick (remitted on payment of 30 guàn in copper cash)
    • 2,500 (1250km, 775 miles) plus 100 strokes of the large stick (remitted on payment of 33 guàn in copper cash)
    • 3,000 (1500km, 930 miles) plus 100 strokes of the large stick (remitted on payment of 36 guàn in copper cash)
  • (), death penalty. Following the Sui and Tang dynasties there were generally two options: hanging (; jiǎo) or decapitation (; zhǎn). From the Song dynasty (970–1279 AD) onwards, slow slicing (凌遲; língchí) along with beheading (梟首; xiāoshŏu) were also used. The death penalty could be remitted on payment of 42 guàn in copper cash.[16]

The scale of the remittance payments can be gauged from the fact that at the era of the Qianlong Emperor (1735–1796), the average wage of a construction laborer in Zhili (modern day Hebei) Province was 0.72 wén or 0.6 troy ounces of silver per day.[17] It takes 160 years of wage from such a worker to pay for remittance of a death sentence.

The following punishments were applied to women for the same crimes as committed by men: [citation needed]

  • Xíngchōng (刑舂), where the offender was forced to grind grain
  • Zǎnxíng (拶刑), also known as (拶指; zǎnzhĭ), squeezing of the fingers between sticks
  • Zhàngxíng (杖刑), beating with wooden staves
  • Cìsǐ (賜死), forced suicide
  • Gōngxíng (宮刑), sequestration or confinement to a room. Punishment for licentiousness or adultery. Gōngxing for women was applied for the same crimes as the gōng punishment for men.[14]

See also

[edit]

References

[edit]
  1. ^ Chen, Ivan (1908). "Chapter XI". The Book of Filial Duty.
  2. ^ Fu, Zhengyuan (1993). "Law as punishment". Autocratic tradition and Chinese politics. p. 109. ISBN 0-521-44228-1.
  3. ^ "Marquis of Lu on Punishments (吕刑)". Retrieved August 25, 2010.
  4. ^ International Comparative Literature Association. Congress, Elrud Ibsch, Douwe Wessel Fokkema (2000). The conscience of humankind: literature and traumatic experiences. Rodopi. p. 176. ISBN 90-420-0420-7. Retrieved 2011-01-11.{{cite book}}: CS1 maint: multiple names: authors list (link)
  5. ^ United States. Foreign Broadcast Information Service (1979). Daily report: People's Republic of China, Issues 223-232. Distributed by National Technical Information Servicei. p. 78. Retrieved 2011-01-11.
  6. ^ Qian Sima; William H. Nienhauser (1994). The grand scribe's records, Volume 1. Indiana University Press. p. 69. ISBN 0-253-34021-7. Retrieved 2011-01-11.
  7. ^ Metcalfe, Tom (2022-05-23). "Ancient Chinese woman faced brutal 'yue' punishment, had foot cut off, skeleton reveals". livescience.com. Retrieved 2023-02-20.
  8. ^ Garant Uitgevers N.V.; J.C.P. Liang; A.S. Keijser (2003). Modern Chinese II: Reading and Writing. Garant. p. 116. ISBN 90-5350-714-0. Retrieved 2011-01-11.
  9. ^ Zhen Zhang (2005). An amorous history of the silver screen: Shanghai cinema, 1896-1937. University of Chicago Press. p. 335. ISBN 0-226-98238-6. Retrieved 2011-01-11.
  10. ^ A.F.P. HULSEWE (1955). remnants of han law. Brill Archive. p. 127. Retrieved 2011-01-11.
  11. ^ Philip R. Bilancia (1981). Dictionary of Chinese law and government, Chinese-English. Stanford University Press. p. 366. ISBN 0-8047-0864-9. Retrieved 2011-01-11.
  12. ^ Dorothy Louise Hodgson (2001). Gendered modernities: ethnographic perspectives. Palgrave Macmillan. p. 250. ISBN 0-312-24013-9. Retrieved 2011-01-11.
  13. ^ William Theodore De Bary (1993). Waiting for the Dawn: A Plan for the Prince : Huang Tsung-Hsi's Ming-I-Tai-Fang Lu. Columbia University Press. p. 262. ISBN 0-231-08097-2. Retrieved 2011-01-11.
  14. ^ a b Paul Rakita Goldin (2002). The culture of sex in ancient China. University of Hawaii Press. p. 76. ISBN 0-8248-2482-2. Retrieved 2011-01-11.
  15. ^ Bodde, Derk, and Clarence Morris, Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases (Cambridge, Massachusetts: Harvard University Press, 1967), pp. 76-77.
  16. ^ a b c d e Yonglin, Jiang (translator) (2005). Da Ming Lu (大明律) (1397). {{cite book}}: |first= has generic name (help)
  17. ^ Databases on Materials, Wages, and Transport Costs in Public Construction in the Qianlong Era