Subcommentary: The Articles on the Imperial Guard and Prohibitions were not in the codes of the Ch’in, Han, and Wei dynasties. Chia Ch’ung, the prime minister of the Chin dynasty, and others, consulted the codes of the Han and Wei dynasties and, according to the circumstances, added to and subtracted from them, making this section and calling it the Articles on the Imperial Palace and the Imperial Guard.¹ This name was not changed from the Sung dynasty down through the Latter Chou dynasty.

Coming to the Northern Ch’i dynasty, a section on customs barrier gate prohibitions was appended to the...

Article: 76.1a—Imperial guardsmen may not put aside their weapons. Violations are punished by sixty blows with the heavy stick.

76.1b—If they improperly leave their posts of duty, the punishment is increased one degree.

76.1c—If they pass the night in another place, the punishment is increased one degree further.

76.2—For commanding officers and those of higher rank, the punishment is increased two degrees in each case.

Subcommentary: Weapons refer to such things as swords that are usually worn at the waist, as well as armor, lances, bows, and arrows. At the times when they must be carried,...

Subcommentary: The Articles on Administrative Regulations first appeared in the Chin dynasty (a.d. 265–313) and were called the Articles on the Violation of Regulations. This name was not changed down through the Northern Ch’i dynasty (a.d. 550–589). During the Sui dynasty’s K’ai-huang period the name was changed to the Articles on Administrative Regulations. This means that the laws on administrative duties are continued in the section. The imperial guard having been covered (in the previous section), the establishment of offices is put next. Therefore this section follows that on The Imperial Guard and Prohibitions.

Article: 91.1—A11 cases...

Article: 114.1—All cases of those who upon finding an error in an imperial decree do not memorialize for the imperial decision but rather improperly correct the error are punished by eighty blows with the heavy stick.

114.2—Those who correct errors in official documents without informing the official concerned are punished by forty blows with the light stick.

114.3—Those who know of an error in, yet carry out, an imperial decree or official document without memorializing the throne or informing the official concerned receive the same punishment.

114.4—For those who improperly embellish the text, the punishment is...

Article: 133.1a—All cases where those who have been assigned a mission to transport something hire or send other persons to carry out the mission are punished by one hundred blows with the heavy stick.

133.1b—If there is any loss, the punishment is one year of penal servitude.

133.1c—The persons who are hired or sent have their punishment reduced one degree.

Subcommentary: Being assigned to a mission refers to such instances as where a senior and a junior special duty officer are assigned to transport such things as government property, prisoners, or domestic animals and they do not...

Subcommentary: AS for the Articles on the Household and Marriage, the Han Chancellor Hsiao Ho took the Ch’in articles in six sections and added three sections on stables, levies, and the household, making theStatutes in Nine Sections. Coming to the Latter Chou dynasty, all of these sections were called the articles on the household. The Northern Ch’i dynasty took the laws concerning marriage and attached them, making the articles on marriage and the household. During the Sui K’ai-huang period, the articles on the household were put before those on marriage, making the articles on the household and marriage. Having...

Article: 164.1—All cases of possession of more than the permitted amount of land are punished by ten blows with the light stick for the firstmou, increased one degree for each further tenmou. When sixty blows with the heavy stick have been exceeded, punishment will increase one degree for each further twentymou, with a maximum punishment of one year of penal servitude.

164.2—If the offense is committed in a broad and unrestricted area (k’uanhsien 寛閑), it will not be punished.

Subcommentary: The king has established the rule that a farmer shall have one hundredmouof...

Article: 182.1a—All cases of marriage by those with the same surname punish each of them by two years of penal servitude.

182.1b—If they are fifth-degree mourning relatives, they are punished for illicit sexual intercourse.¹

Subcommentary:Those who are of the same clan and share a common surname are not permitted to marry…. Anciendy, persons received surnames and clan names because of outstanding virtue, because of the name of their fief, or because of their noble title; there are several reasons. But those who were members of the ancestral clan have moved away from each other and, as years and...

Subcommentary:The Articles on the Public Stables and Warehouses were created and added to the Han [Statutes]in Nine Sections. The Wei dynasty took the section on the Public Stables and Warehouses and distributed it among various chapters. The Chin dynasty took the crimes concerned with herdsmen and combined them, calling them the Articles on Stables and Herdsmen. From the Sung dynasty to the Liang dynasty, this section was again called the Articles on Public Stables. Coming to the T’ai-ping period (a.d. 477–499), it was called the Articles on Herdsmen and Natural Increase. During the Cheng-shih period (a.d. 504–507),...

Subcommentary: The Articles on Unauthorized Levies were created by the Han chancellor Hsiao Ho as the Articles on Levies. The Wei dynasty appended the unauthorized matters, calling them the Articles on Unauthorized Levies. The Chin dynasty deleted the word unauthorized. The Northern Ch’i dynasty once again changed them to be the Articles on Levies Which are Unauthorized. Coming to the Sui¹ K’ai-huang period, the name was changed to the Articles on Unauthorized Levies. Even though the name for this section had words added to or subtracted from it and has been altered through the years, nevertheless what it dealt with...

As for the Articles on Violence and Robbery, during the time of Marquis Wen of Wei, Li K’uei first wrote theLegal Classic. It had sections containing the laws of robbery and the laws of violence. From the time of the Ch’in and Han dynasties until the Latter Wei dynasty, these sections were called the Articles on Violence and the Articles on Robbery. The Northern Ch’i dynasty combined them into the Articles on Violence and Robbery. The Latter Chou dynasty had Articles on Plundering and Robbery and also Articles on Violence and Rebellion. During the Sui K’ai-huang period, they were...

Article: 261.1—All cases of pushing an object into a person’s ears, nose, or other body openings that cause harm are punished by eighty blows with the heavy stick.

261.2—Intentionally throwing away a person’s clothing or articles of food or drink with the result that the person is killed or injured is punished as for killing or wounding in an affray in each case.¹

Subcommentary: The ears, nose, and other body openings are all important areas. If someone improperly pushes an object into these places and causes harm to another person, the punishment is eighty blows with the heavy...

Article: 270.1—All cases of robbery of the sacred objects of the spirits and the great sacrifices are punished by life exile at a distance of 2,500li.

Commentary: This refers to things that are presented to the spirits. Hangings, tables, and staffs are considered the same.

Article: 270.2a—The robbery of sacred objects that are intended for presentation to the spirits,

Commentary: This refers to those that are being made but have not yet been completed.

Subcommentary: Robbery of the sacred objects of the spirits is robbery whether taken openly or by stealth. Great sacrifices refer to those to...

Article: 287.1a—All cases of robbing relatives of the fifth or fourth degrees of mourning of goods or articles are punished one degree less than for the same crime committed against a person of nonkin status.

287.1b—If the crime is committed against relatives of the third degree of mourning, the punishment is reduced two degrees.

287.1c—If the crime is committed against relatives of the second degree of mourning, the punishment is reduced three degrees.

287.2a—If during the course of the robbery a person¹ is killed or wounded, the punishment follows the relevant laws in each case.

Commentary:...

The Articles on Assaults and Accusations were originally called the Rules on Assaults and Beating. Following this, they were called the Affairs Regarding Accusations to the Court about Criminal Matters and about Civil Matters.

From the Ch’in and Han dynasties until the Chin dynasty, this section did not exist. Coming to the T’ai-ho period [477–499] of the Latter Wei dynasty, the Articles on Hitting and Interrogation were made into the Articles on Assaults. Coming to the Northern Ch’i dynasty, the affairs about civil accusations were appended and the section was called the Articles on Assaults and Accusations. During the...

Article: 317.1—All cases of an official of the ninth rank or higher who beats a person who gets deliberation for high position¹ are punished by one year of penal servitude.

317.2—If the wound is serious, or if the official beats and wounds officials of the fifth rank or higher, or if an official of the fifth rank or higher beats and wounds an official who is worthy of deliberation, the punishment for wounding in an ordinary assault is increased two degrees in each case.²

[94] Subcommentary: If an official between the ninth and sixth ranks beats a person...

Article: 333.1a—All cases of beating or wounding a wife’s children by her former husband are punished one degree less than for the same offense committed against a person of non-kin status.¹

333.1b—If those involved dwell together, the punishment is reduced one degree further.²

333.1c—If death results, the punishment is strangulation.

Subcommentary: Beating or wounding a wife’s children by her former husband refers to a woman who has remarried and brought her children with her to the husband’s home. If this second husband beats or wounds them, the punishment is one degree less than were the offense against...

Article: 346.1a—All cases of accusing to the court second-degree mourning relatives of a higher generation or of the same generation but older, maternal grandparents, the husband, or the husband’s paternal grandparents, even if the accusation is true, are punished by two years of penal servitude.

346. 1b—If the offense of which they are accused is punished more heavily than two years of penal servitude, then that punishment is reduced one degree.

Commentary: 346.1c—Even if there is no punishment for the offense of which they are accused, the person who made the accusation is still punished.

Article: 346.1d—However,...

Subcommentary: The Wei dynasty made the Articles on Fraud and Counterfeit by separating them from the laws on violence. Successive generations have passed, yet these laws have lasted until the present time without change. Of the parts on fraud and counterfeit, fraud has been put first. Because offenses involving the imperial seals are the most serious, therefore counterfeiting the eight seals is put at the head of this section. After assaults and accusations, fraud and counterfeit must next be guarded against. Therefore this section is put next to that on assaults accusations.

Article: 362.1a—All cases of counterfeiting the emperor’s...

Subcommentary: When Li K’uei first created theLegal Classic,¹ there was a section on Miscellaneous Laws. Transmitted down from this beginning, the section continued through many years. Coming to the Latter Chou dynasty, the name was changed to that of the Articles on Miscellaneous Offenses. The Sui dynasty did away with the word offenses and returned to Miscellaneous Laws. The crimes covered by the sections [of theCode] all have articles particular to them; this section repairs omissions and fills in hiatuses. What is lacking is woven in here and the text is made whole. The arrangement of these miscellaneous...

Article: 423.1a—All cases of intentionally causing disorder so that there is a panic in a marketplace or where there are crowds of people are punished by eighty blows with the heavy stick.

423.1b—If a person is killed or wounded as a result, the punishment is as for killing or wounding in an affray, reduced one degree.¹

423.1c—If because of the panic any goods or articles are lost, the punishment is as for illicit goods obtained through malfeasance.²

423.2—If the disorder is caused by error and a person is killed or wounded, the punishment follows the law...

Subcommentary: As for the Articles on arrest and flight, during the time of Marquis Wen of Wei, Li¹ K’uei created theLegal Classicin six chapters, of which the laws on arrest were the fourth. At the time of the Latter Wei dynasty, this section was called the Articles on Arrest and Judgment. The Latter Chou dynasty called it the Articles on Running Away and Arrest. The Sui dynasty returned to the name of the Articles on Arrest and Flight. Now the sections before this have been concerned with deciding punishments. But those who run away may cause a growth...

Subcommentary: The name of the Articles on Judgment and Prison began during the Wei dynasty. The Wei dynasty divided Li² K’uei’s laws on prisoners and made this section from it. Coming to the Northern Ch’i dynasty, this section was combined with the Articles on Arrest and renamed the Articles on Arrest and Judgment. Coming to the Latter Chou dynasty, it was again [71] called the Articles on Judgment and Prison….

Article: 469.1a—All cases of not imprisoning persons who should be and not putting them in cangues, fetters, and manacles when they should be, or of removing their cangues, fetters,...

Article: 483.1—All cases of a supervisory officials who because of a public matter himself uses a heavy stick to beat a person to death, or causes them to die from fear, will be punished for accidentally killing a person in each case.¹

483.2—If he uses a large stick or the person is beaten or hit by his hands or feet so as to break a tooth or more or cause a wound, the punishment is as for killing or wounding in an affray, reduced two degrees.²

Subcommentary: This refers to officials who commit this act because of being...