- The history of the Qin dynasty, specifically the exact provisions, were hidden and muddled by the records of the empire after it, the Han dynasty. Due to this, the history and the laws of the Qin dynasty are painted as villainous and malicious.
- It was not until 1975 when an estimation of 625 bamboo strips that were inscribed with Qin law were found in a tomb in central Hubei1.
- The laws inscribed in the strips were mostly provisions of the role of an official in the Qin dynasty who had to prepare reports and impose penalties, keep track of important tasks such as money, grain, and various sorts of laborers.
- The bamboo strips showcased the four grades of penal servitude:
- The least oppressive were “Debt worker” which was a form of penal servitude imposed to pay off debts, including debts arising from fines and commutation of other sentences1.
- The others included, “Convict servant,” “Convict worker,” and “Convict laborer1”
- The bamboo strips showcased the four grades of penal servitude:
- Interestingly, there were gender roles within the category of convict laborers:
- Male convict laborers were forced to in straining labor such as building roads or defensive walls or digging canals or imperial tombs.
- Women were assigned in tasks involving more feminine roles such as sifting or pounding grain.
- Despite the potential of the “crimes” of the women and men being the same, the women were tasked with less demanding work compared to the men, showing how societal roles were still an important quality despite these specific men and women.
- Some of the offenses that can lead to penal servitude are mainly due to debts or fines owed to the government. Generally, those who cannot pay off their debts to the government are put to work the day that the order is given to do so.
- Similar to the current uniform of inmates in prison, convicts were forced to wear red clothes and red head cloths to give them status as convicts1.
- There are many obscure and fine details and rules about convicts and what would require a convict to actually become one. For example, “suppose A stole ox when he was only 1.4 meters tall, but after being in detention for a year, he was measured at 1.57 meters. How is A to be sentenced? He should be left intact and made a convict laborer1” This specific detail, whether due to the translation or not, shows the very rigid system of the Qin.
Source:
(1) Ebrey, Patricia Buckley. 1993. “Penal Servitude in Qin and Han Law.” In Chinese Civilization: A Sourcebook, 32. New York: Free Press.
