Determining The Punishment Based On The Value Of The Bribe And Stolen Goods In Ming Dynasty

In ancient China,there was a unique way to sentence the crimes related to properties,which determined the severity of sentencing by the amount of properties,called "Determining the Punishment Based on the Value of the Bribe and Stolen Goods".Many crimes to be sentenced adopted this sentencing mode,which had been formed an independent system as early as the period of Qin and Han Dynasties.By the Tang Dynasty,the sentencing system and related theories of "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" were relatively mature,and the basic framework of sentencing with "Six Booty Crimes" as the center and other acts attached to this standard was established.In the Ming Dynasty,the theory "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" entered a period of redevelopment.Although it based on the previous dynasty,the changes were very significant,and the degree of improvement is further improved.In practical term,the Da Ming Lv takes Tang Law as a model,its "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" can be deconstructed into three parts as in the Tang and Song dynasties : "ladder of legal sentencing","calculation criteria" and "Apply the methods of comparing to the complete sentencing regulations".However,as the core of the comparison,the "Six Booty Crimes" in Ming Dynasty has changed,and the specific content of these three parts and the sentencing effect brought by their combination are also very different from that of Tang Dynasty.In other forms of the laws in Ming Dynasty,the status of "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" Was lower than that of "Da Ming Lv".There were many alterations to sentencing in the Criminal Punishment Regulations and other texts,but mainly focus on supplements and partial amendments.They were still based on the original sentencing system rather than a complete substitution relationship with the law,and it was usually used in combination with "Da Ming Lv".In the aspect of practice,although the penalties of the relevant crimes during the Hongwu and Yongle periods sometimes light and sometimes harsh,most of them did not adopt the method of sentencing based on "Determining the Punishment Based on the Value of the Bribe and Stolen Goods".In the mid-late Ming dynasty,the relevant regulations of "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" have played a more important role in the judicial verdict of the central government.The officials who engaged in judgement have relatively large discretionary power,but they still need to find the reasons of judgment in the law when determining the sentence.The discretion of the emperor was almost not restricted by the law,but the relevant regulations of "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" in law still had a reference function.In grassroots judicial verdict,the degree of implementation of "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" was relatively high,which did not change until the end of the Ming Dynasty.In the Ming Dynasty,the theory of "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" has some characteristics such as basing on the provisions of the "Da Ming Lv",attaching importance to protect official properties,using mixed units to calculate the value of stolen goods,and having complex factors that affecting the sentencing.Overall,the "Determining the Punishment Based on the Value of the Bribe and Stolen Goods" in the Ming Dynasty was more coordinated and perfect in theory with distinctive characteristics of that era and objectively benefits to avoid abusive sentence.However,the formality and certainty of relecant provisions were too strong,and the specific regulations also have some conflicts with each other.The original unit to calculate the value of stolen goods was not adjusted timely after strongly impacted by the monetization of silvers.The atonement later was insufficient which caused difficulties for judicial practice.Besides,using the way of penal military servitude as a supplement to sentencing also brought negative consequences.The currency to calculate the value of stolen goods,which was called Ming notes in the Ming Dynasty had no value in itself,and it was the closest form to modern currency.The use of Ming notes in the Ming Dynasty and various problems existed in the process of planning relevant standards at that time can provide a reference for modern criminal law.To some extend,the method of “returning stolen goods will get the commutation”also has some enlightment for modern judicature.