1997 Fiscal Year Final Research Report Summary
The historical research on the leagal statuses and privileges of the bureaucrats in pre-modern China
| Project/Area Number |
07451081
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Asian history
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| Research Institution | Tohoku Univ. |
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Principal Investigator |
YASUDA Jiro Tohoku Univ., Faculty of Letters., Prof., 文学部 (90036666)
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| Co-Investigator(Kenkyū-buntansha) |
TERADA Hiroaki Tohoku Univ., Faculty of Laws., Prof., 法学部, 教授 (60114568)
MIURA Shuichi Tohoku Univ., Faculty of Letters., Associate Prof., 文学部, 助教授 (80190586)
KUMAMOTO Takashi Tohoku Univ., Faculty of Letters., Prof., 文学部, 教授 (00153354)
NAKAJIMA Ryuzo Tohoku Univ., Faculty of Letters., Prof., 文学部, 教授 (10004061)
YAMADA Katsuyoshi Tohoku Univ., Center for Northeast Asian Studies., Prof., 東北アジア研究センター, 教授 (20002553)
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| Project Period (FY) |
1995 – 1997
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| Keywords | pre-modern China / emperor / bureaucrat / leagal status / privileges / criminal code / Pa-i** / aristocracy |
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| Research Abstract |
We have approached to the matter entitled avove through the investigation of the system of Pa-i ** which is the privilege bestowed on the bureaucrats concerning the criminal code. Some of important results are as follows ;
1. The first instance was 200B.C, when the first Emperor of the Former Han ** dynasty gave the privileges to his close attendants. Afterward the extent of bureaucrats given this privileges Was gradually expanded. In 27A.D.district magistrators at the lowest rank were allowed too.
2. We can conclude from the analysis of concrete cases that already in the Tai-shin Statutes *** edited in 268A.D., the procedures on Pa-i were regulated as in the Tang Statutes **.
3. The criticism on Pa-i such as "it only leaves the gigantic wickedmen free" shows how frequently this system was practiced and how enormous its evil effects were under flue Western Chin ** dynasty.
4. From the second half of fourth century on, we cannot find its practices anymore. But heavy punishment for the bureaucrats were not made by the Public Execution but by the Allowed Suicide in most cases. in this fact we can see some influence of Pa-i.
5. From the first, this system did not apply to serious crimes such as the plot against the Emperor or the State, and procedurally the judicial officer's application of Pa-i required the Emperor's approval. These facts indicate that the Emperor could very often interfere in the practices of this system. So this penal privileges for the bureaucrats were simply unstable. In the Tang period when the power of the Emperor was strengthened, therefore, an bureaucrat insisted that the adherence of Pa-i system was nothing but protection of their inalienable rights.
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