On the Development of Legislative Techniques of Traditional Chinese Legal Codes:A Study on Sentencing Based on the Acreage of Land in Tang and Ming Codes
The evolution of traditional Chinese legislation has witnessed significant advancements in the legislative techniques of legal codes.Among various legal issues,sentencing based on the acreage of land in Tang and Ming Codes has received scant scholar-ly attention in terms of its development.Based on the crimes involved,two different patterns can be discerned.In cases of infringe-ment on land use rights and ownership,the legacy of Tang Codes persisted in Ming Codes,although with modifications and integra-tion in crime classification and punishments.Conversely,crimes related to fundamental national policies such as land distribution,ta-xes,and corvée underwent significant classification changes,with some punishments inherited from previous systems.It is essential to differentiate sentencing based on the acreage of land from sentencing based on the proceeds of crime.The former should not solely be seen as treating only tangible assets as crime proceeds;it is linked to offenses beyond the scope of theft,reflecting national finan-cial strategies within legal boundaries.The evolution of sentencing based on the acreage of land during the Tang and Ming Dynasties demonstrates a clear shift in sentencing principles,from a lack of differentiation between officials and civilians to the introduction of such differentiation.Moreover,punishments became less severe,and legislative approaches became more systematic.Compared to the Tang Dynasty,the Ming Dynasty placed greater emphasis on protecting the property of officials and the interconnectedness among va-rious crimes and punishments within the legal framework,showcasing more refined legislative techniques.
Tang and Ming Codeslegislative techniquessentencing based on the acreage of landsentencing based on the proceeds of crimesentencing
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