Research On The Law And Regulations Of "Departing Or Going To Sea Without Permission" In The Ming Dynasty

Criminal law derived from wars.The source of the Departing or Going to Sea Without Permission law lay in the military discipline or statutes during the civil war and came to be one rule in the draft of the Great Ming Code,whose aiming subjects were military officers and soldiers with the original intention of protecting strategic interests in our favour by punishing intelligence crimes.The Great Ming Code was not only the supreme law during HongWu Period,but also emphasized to be effect permantly as a great law handed down from the Forefather by the usurper Ming Taizong and his heirs due to the fear of the public voice focusing on their unorthodox histories.Before the middle Ming Dynasty,Northern Yuan was the main threat on the border,thus the application of "Departing Without Permission"part was more often.After that,with the increasing invasions by Japanese pirates,Ban of Going to Sea played a major role step by step.Different circumstances of the above two crimes lay in the differences of regional cultures between inland and costal areas:while most of the former ones were pure violent crimes with various modus operandi bringing about amplified interpretation on law,intelligent crimes with limited M.O.dominated the later ones where written law and regulations can be applicated directly.And in the peace era,there should be substantial harms in integrated offense before someone was declared to be guilty for most of the time,while during the war years,it was easier to be caught breaking the bans recorded in the historical materials most of which are injunctions,where armymen were allowed to redeemed themselves via further services by telling the distinction between arch-criminal and the accessory,and also the subjective aspect of willfulness or not.Commonly,talking about individual cases,Regulations gained a priority over the Great Ming Code,especially in cases concerning the Ban of Going to Sea,ordinary people along the coast violating the ban were likely to get lighter sentences.People's livelihood and communications with foreign countries were paid great attention to in the Ming Dynasty,contrary to the later dynasty Qing when coastal migrations happened because of the cross-strait antagonism in whose later period turned to be so self-assertive to cut off the whole country from the outside world.