Ming Dynasty 13681644

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Ming Dynasty1368-1644

• And Chinese Justice System

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The Reigns of Taizu with Capital in Nanjing

• Chinese military resurgence
• Regained control over China proper, Inner
  Mongolia, Manchuria, Xingjiang
• Conquered Annam (Vietnam)
• Mongols raids continued, the Great Wall rebuilt
  as a defense measure
• Restoration of Confucian way of governance
• Civil service exams were resumed, so was state
  university
• Compilation of Ming Encyclopedia with 22877
  chapters

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The Ming despotism

• Zhu Yungzhangs dubious origins and self
  insecurity
• Abolition of the Chancellor position, he himself
  became the prime minister
• Bureaucrats must kneel in the court (they sat and
  stood during Tand and Song periods)
• Subject to beating in the court
• Extensive use of eunuchs as secret service to
  monitor the officials
• Emperor Yongles insecurity the brother of Taizu
  who usurped the throne from his nephew and moved
  the capital to Beijing, his power base

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Zheng He and Maritime expeditions1405-1433

• The purposes
• To catch the Emperors nephew to secure control
  over southeast oceanic areas
• To enhance the empires glory to attract more
  tributary missions
• Eunuchs influence Zheng He, the Emperors man
  in the south as a chief eunuch
• The scope
• 7 times in 28 years
• One time the fleet had 27800 men, 63 large
  ships/255 small ones
• Reaching the east coast of Africa
• Why China didnt continue maritime adventure?

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Middle and Late Ming

• Deterioration of governance
• Deterioration of emperors as the chief
  administrators
• Idiot and carpenter emperors due to close kinship
  marriages and eunuchs manipulation
• Abandonment of administrative routine during
  Shengzong period, 50 of local government posts
  unfilled
• Despotism toward officials the case of Hai Rui
• Royal intrigue and in-fight Yingzong was
  captured by the Mongols for a year, but
  imprisoned by his brother for life

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• Ongoing fight between bureaucrats and eunuchs
• Zhang Juzheng and his reform 1525-82
• Eliminating eunuchs influence
• Repairing Grand Canal
• The one-whip tax combining head land taxes
• Wei Zhongxian and the eunuch resurgence
• Shenzong was 18 when Zhang died, he relied on
  Weis leadership
• Wei controlled the next emperor Xizong, the
  carpenter, who changed six minister posts 116
  times (1627-44)
• Misrule led to Li Zicheng rebellion that ended
  Ming

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Chinese Justice and the Law

• A well-developed and detailed legal code remained
  to be consistent over times
• the Qing Code of 1740, the Ming Code of 1397,
  and the Tang Code of 737 shared much commonality
  with few changes
• The common belief law should be based on
  Confucian moral principles
• The absence of equality before law

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• Law and law enforcement were considered aids to
  administering the general population, not an
  independent arm of the state
• The county magistrate was the judge, prosecutor,
  police, mediator/arbitrator at once
• An Inquisitional system, not adversary system
• The absence of presumption of innocence before
  proven guilty
• The importance of confession to close a case, and
  torture was a routine in criminal cases

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Torture for confession
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Crime and Punishment

• The legacy of legalism the Ministry of Justice
  was called ??, Ministry of Punishment
• Five grades of punishment canning by light
  bamboo by heavy bamboo, penal servitude, exile,
  death
• Three level of death sentence strangulation,
  decapitation, slow slicing
• Public execution as remedial education