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Unless otherwise specified, the descriptions of sources in this section are extracted from Pierre-Etienne Will and collaborators, Handbooks and Anthologies for Officials in Imperial China: A Descriptive and Critical Bibliography, 2 vols., Leiden: Brill, 2020
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Description
documentTypeBook
TitleXiangxing gujian 祥刑古鑑 [An Ancient Mirror of Auspicious Punishments]
Topic1. Code and commentaries
CountryChinese
Year1864
AuthorSong Banghui 宋邦僡 (Z. Huiren 惠人)
Publication typeWoodblock
Abstract

A treatise on moderation in applying punishments, set in sixteen rubrics, namely: (j. 1) “One must be careful when setting precedents” (修例宜慎); “One must be fair and lenient in handing down judgments” (定讞必平恕); “Investigating tirelessly in order to get the right facts” (耐煩聽察務得確情); “Warning against the excessive use of torture” (戒濫刑); “One cannot have a priori view when accepting a complaint” (受訴不可有成見); “Exactness is important when deciding on a case” (決獄貴有斷制); “Sincerely guiding in order to make the small folks repent” (至誠開導令愚民悔悟); “One must conclude cases quickly in order to avoid protracted complications” (案宜早結以免拖累); (j. 2) “Being strict on statuses” (嚴名分); “Being prudent in doubtful cases” (慎疑獄), “Warning against implicating [relatives]” (戒株連); “Redressing unjust judgments” (平反冤獄); “Preventing tampering with documents” (杜舞文); “Practicing the benevolence beyond the law” (體法外之仁); “Pitying prisoners” (恤囚); “Reading the Classics one can penetrate the meaning of the law” (蒙讀書可以通律意). Each rubric includes three sections preceded by a short introduction, viz. “instructions from the Classics” (jingxun 經訓), with occasional commentaries by “former Confucians”; “maxims” (geyan 格言) from previous emperors and officials, occasionally quoting from official handbooks; and “concrete examples” (shishi 事實) culled from historical and encyclopedic works (without indication of the source). The last two are arranged chronologically. Essays by such authors as Wang Huizu, Liu Heng, Yang Jingren or Yuqian are appended to some of the rubrics. Three texts are appended to the work: the Xingjie 刑戒 by Lü Kun, the Jianyan zonglun 檢驗總論 from the Xiyuan lu (q.v.), and a short prescription to cure wounds by blades entitled Shenmiao jinchuang yaofang 神妙金瘡藥方. The author spent years as an official in the ministry of Justice. He explains in the fanli that he borrowed much materials from Jiang Yi’s Chenjian lu and Yang Jingren’s Jingshi bian (qq.vv.), whose format he has indeed followed in this work.

Comment

Bio.: In 1856, 13 years after his juren, Song Banghui was appointed bureau vice-director at the Ministry of Justice, where he stayed until 1871, becoming bureau director in between and being employed in the Autumn Assizes bureau (秋審處). He is said to have been exceptionally scrupulous in his reading of criminal files, and to have known how to discourage clerk interference. He was appointed censor in 1871, and prefect of Changsha 長沙 (Hunan) in 1873. In Changsha he earned considerable popularity through his support of charities, and when he died in poverty in office in 1875 he was mourned by the population and regarded as the best Changsha prefect for more than a hundred years. See Hunan TZ (1885), 43/55a, 108/31b; Shanhua 善化 XZ (1877), 18/43a ; Liyang XZ (1897), 9/20a-21a.

Keyword祥刑,moderation in punishments, modération des peines
SubjectLaw
LanguageChinese
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