Abstract

A Study of the Ch'ing legal system, the culmination of the experience of many dynasties, provides clues to the understanding of Chinese political behavior before extensive Western contact. For this period, the decisions of the Board of Punishments (hsing-fu) recorded in the collection of cases known as the Hsing-an hui-lan form an important body of law. Of these, the cases pertaining to the illegal punishment of prisoners by government officials are particularly interesting. An analysis of thirty of these cases suggests answers to the following questions: 1) Did the Board of Punishments have the attributes of an independent law court? 2) Was the law which the Board of Punishments applied internally consistent and capable of growth ? 3) Was protection from official brutality adequately guaranteed by law?

The Board of Punishments, one of the six ministries of the central government, was the formal organ most responsible for the administration of justice. In judicial matters, it served as a buffer between the provincial authorities on the one hand and the emperor on the other.

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