A History of China by Wolfram Eberhard (read a book .TXT) 📕

Wen Ti's reign had brought economic advance and prosperity; intellectually it had been a period of renaissance, but like every such period it did not simply resuscitate what was old, but filled the ancient moulds with an entirely new content. Socially the period had witnessed the consolidation of the new upper class, the gentry, who copied the mode of life of the old nobility. This is seen most clearly in the field of law. In the time of the Legalists the first steps had been taken in the codification of the criminal law. They clearly intended these laws to serve equally for all classes of the people. The Ch'in code which was supposedly Li K'uei's code, was used in the Han period, and was extensively elaborated by Siao Ho (died 193 B.C.) and others. This code consisted of two volumes of the chief laws for grave cases, one of mixed laws for the less serious cases, and six volumes on the imposition of penalties. In the Han period "decisions" were added, so that about A.D. 200 the code had grown to 26,272 paragraphs with over 17,000,000 words. The collection then consisted of 960 volumes. This colossal code has been continually revised, abbreviated, or expanded, and under its last name of "Collected Statues of the Manchu Dynasty" it retained its validity down to the present century.

Alongside this collection there was another book that came to be regarded and used as a book of precedences. The great Confucianist philosopher Tung Chung-shu (179-104 B.C.), a firm supporter of the ideology of the new gentry class, declared that the classic Confucianist writings, and especially the book Ch'un-ch'iu, "Annals of Spring and Autumn", attributed to Confucius himself, were essentially books of legal decisions. They contained "cases" and Confucius's decisions of them. Consequently any case at law that might arise could be decided by analogy with the cases contained in "Annals of Spring and Autumn". Only an educated person, of course, a member of the gentry, could claim that his action should be judged by the decisions of Confucius and not by the code compiled for the common people, for Confucius had expressly stated that his rules were intended only for the upper class. Thus, right down to modern times an educated person could be judged under regulations different from those applicable to the common people, or if judged on the basis of the laws, he had to expect a special treatment. The principle of the "equality before the law" which the Legalists had advocated and which fitted well into the absolutistic, totalitarian system of the Ch'in, had been attacked by the feudal nobility at that time and was attacked by the new gentry of the Han time. Legalist thinking remained an important undercurrent for many centuries to come, but application of the equalitarian principle was from now on never seriously considered.

Against the growing influence of the officials belonging to the gentry there came a last reaction. It came as a reply to the attempt of a representative of the gentry to deprive the feudal princes of the whole of their power. In the time of Wen Ti's successor a number of feudal kings formed an alliance against the emperor, and even invited the Hsiung-nu to join them. The Hsiung-nu did not do so, because they saw that the rising had no prospect of success, and it was quelled. After that the feudal princes were steadily deprived of rights. They were divided into two classes, and only privileged ones were permitted to live in the capital, the others being required to remain in their domains. At first, the area was controlled by a "minister" of the prince, an official of the state; later the area remained under normal administration and the feudal prince kept only an empty title; the tax income of a certain number of families of an area was assigned to him and transmitted to him by normal administrative channels. Often, the number of assigned families was fictional in that the actual income was from far fewer families. This system differs from the Near Eastern system in which also no actual enforcement took place, but where deserving men were granted the right to collect themselves the taxes of a certain area with certain numbers of families.

Soon after this the whole government was given the shape which it continued to have until A.D. 220, and which formed the point of departure for all later forms of government. At the head of the state was the emperor, in theory the holder of absolute power in the state restricted only by his responsibility towards "Heaven", i.e. he had to follow and to enforce the basic rules of morality, otherwise "Heaven" would withdraw its "mandate", the legitimation of the emperor's rule, and would indicate this withdrawal by sending natural catastrophes. Time and again we find emperors publicly accusing themselves for their faults when such catastrophes occurred; and to draw the emperor's attention to actual or made-up calamities or celestial irregularities was one way to criticize an emperor and to force him to change his behaviour. There are two other indications which show that Chinese emperors—excepting a few individual cases—at least in the first ten centuries of gentry society were not despots: it can be proved that in some fields the responsibility for governmental action did not lie with the emperor but with some of his ministers. Secondly, the emperor was bound by the law code: he could not change it nor abolish it. We know of cases in which the ruler disregarded the code, but then tried to "defend" his arbitrary action. Each new dynasty developed a new law code, usually changing only details of the punishment, not the basic regulations. Rulers could issue additional "regulations", but these, too, had to be in the spirit of the general code and the existing moral norms. This situation has some similarity to the situation in Muslim countries. At the ruler's side were three counsellors who had, however, no active functions. The real conduct of policy lay in the hands of the "chancellor", or of one of the "nine ministers". Unlike the practice with which we are familiar in the West, the activities of the ministries (one of them being the court secretariat) were concerned primarily with the imperial palace. As, however, the court secretariat, one of the nine ministries, was at the same time a sort of imperial statistical office, in which all economic, financial, and military statistical material was assembled, decisions on issues of critical importance for the whole country could and did come from it. The court, through the Ministry of Supplies, operated mines and workshops in the provinces and organized the labour service for public constructions. The court also controlled centrally the conscription for the general military service. Beside the ministries there was an extensive administration of the capital with its military guards. The various parts of the country, including the lands given as fiefs to princes, had a local administration, entirely independent of the central government and more or less elaborated according to their size. The regional administration was loosely associated with the central government through a sort of primitive ministry of the interior, and similarly the Chinese representatives in the protectorates, that is to say the foreign states which had submitted to Chinese protective overlordship, were loosely united with a sort of foreign ministry in the central government. When a rising or a local war broke out, that was the affair of the officer of the region concerned. If the regional troops were insufficient, those of the adjoining regions were drawn upon; if even these were insufficient, a real "state of war" came into being; that is to say, the emperor appointed eight generals-in-chief, mobilized the imperial troops, and intervened. This imperial army then had authority over the regional and feudal troops, the troops of the protectorates, the guards of the capital, and those of the imperial palace. At the end of the war the imperial army was demobilized and the generals-in-chief were transferred to other posts.

In all this there gradually developed a division into civil and military administration. A number of regions would make up a province with a military governor, who was in a sense the representative of the imperial army, and who was supposed to come into activity only in the event of war.

This administration of the Han period lacked the tight organization that would make precise functioning possible. On the other hand, an extremely important institution had already come into existence in a primitive form. As central statistical authority, the court secretariat had a special position within the ministries and supervised the administration of the other offices. Thus there existed alongside the executive a means of independent supervision of it, and the resulting rivalry enabled the emperor or the chancellor to detect and eliminate irregularities. Later, in the system of the T'ang period (A.D. 618-906), this institution developed into an independent censorship, and the system was given a new form as a "State and Court Secretariat", in which the whole executive was comprised and unified. Towards the end of the T'ang period the permanent state of war necessitated the permanent commissioning of the imperial generals-in-chief and of the military governors, and as a result there came into existence a "Privy Council of State", which gradually took over functions of the executive. The system of administration in the Han and in the T'ang period is shown in the following table:

Han epoch T'ang epoch

1. Emperor 1. Emperor

  2. Three counsellors to the emperor 2. Three counsellors and three
     (with no active functions) assistants (with no active
                                         functions)

  3. Eight supreme generals (only 3. Generals and Governors-General
     appointed in time of war) (only appointed in time of
                                         war; but in practice
                                         continuously in office)

  4. —————————————- 4. (a) State secretariat
                                          (1) Central secretariat
                                          (2) Secretariat of the Crown
                                          (3) Secretariat of the Palace
                                              and imperial historical
                                              commission
                                         (b) Emperor's Secretariat
                                          (1) Private Archives
                                          (2) Court Adjutants' Office
                                          (3) Harem administration

  5. Court administration 5. Court administration
     (Ministries) (Ministries)
    (1) Ministry for state (1) Ministry for state
        sacrifices sacrifices
    (2) Ministry for imperial (2) Ministry for imperial
        coaches and horses coaches and horses
    (3) Ministry for justice at (3) Ministry for justice at
        court court
    (4) Ministry for receptions (4) Ministry for receptions
                                            (i.e. foreign affairs)
  (5) Ministry for ancestors' (5) Ministry for ancestors'
        temples temples
    (6) Ministry for supplies to (6) Ministry for supplies to
        the court the court
    (7) Ministry for the harem (7) Economic and financial
                                            Ministry
    (8) Ministry for the palace (8) Ministry for