Granting Leniency and Enforcing Laws in the Grand Assizes During the Ming Dynasty
The Grand Assizes was an important institutional development during the Ming dynasty.It represented an innovation in the system of prisoner review in Chinese history and also laid the groundwork for the formation of the Autumn Assizes system in the Qing dynasty.The Ming dynasty's Grand Assizes focused on all prisoners in custody,with a more lenient approach toward those convicted of lesser crimes,such as exile or penal servitude,embodying a characteristic of clemency.For those sentenced to death,the Grand Assizes aimed at ensuring that the punishment fit the crime,with a focus on the truthfulness of the circumstances,the correctness of the crime,and the reasonable application of laws,emphasizing facts,evidence,and legal procedures.The extant memorials on Grand Assizes indicate that the review of capital punishment cases reflected a high degree of law enforcement.Whether in the application of the categories of"merciful,doubtful,and debatable"or in the inclusion of death penalty cases within these categories,the review was consistent with the general judicial procedures for capital punishment.Ming officials claimed that the Grand Assizes officials focused on"clemency"and"empathy"which contrasted with the inspecting censors'emphasis on"strict law enforcement".This seemed problematic.It was true that as an exercise in judicial leniency,the Grand Assizes in the Ming dynasty demonstrated the vast imperial grace,which carried an element of leniency.But at its core,imperial grace was about fair law enforcement,ensuring no wrongful convictions.In the arguments over cases classified as"merciful,doubtful,or debatable",the Grand Assizes officials often expressed a sense of compassion towards those on death row,which seemed to reflect"leniency".However,compassion alone did not serve as the basis for their decisions;only when compassion aligned with legal principles and fit within the legal framework did it become a reason for the verdict.Therefore,strong"consideration of leniency"actually served the purpose of effective"law enforcement".The Grand Assizes system of the Ming dynasty and its implementation provide a unique perspective and valuable materials for understanding the practice of judicial leniency,the review of capital punishment,and the relationship between sentiment and law in the judicial processes of ancient China.
Grand Assizeslenient punishmentmemorials on the Grand Assizesgranting leniencyenforcing laws
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