The Five Pains

The Five Punishments () was the collective name for a series of physical penalties meted out by the legal system of pre-modern dynastic China. Over time, the nature of the Five Punishments varied. Before the time of Western Han dynasty Emperor Han Wendi (r. 180–157 BC) they involved tattooing, cutting off the nose, amputation of one or both feet, castration and death. Following the Sui and Tang dynasties (581–907 AD) these were changed to penal servitude, banishment, death, or corporal punishment in the form of whipping with bamboo strips or flogging with a stick. Although the Five Punishments were an important part of Dynastic China's penal system they were not the only methods of punishment used.

Origin

The earliest users of the Five Punishments are believed by some to be the Sanmiao Clan (三苗氏). Other sources claim they originated with Chiyou, the legendary creator of metalwork and weapons and leader of the ancient Nine Li (九黎) ethnic group. During the subsequent Xia dynasty (c. 2070 BC – c. 1600 BC), Qi of Xia, son of Yu the Great, the dynasty's founder, adopted the Miao's punishments of amputation of one or both feet (''yuè'' 刖), cutting off of the nose (''yì'' 劓), chiseling (''zhuó'' 琢), tattooing the face or forehead (''qíng'' 黥) and other types of punishment. Tattooing, amputation of the nose or feet, removal of the reproductive organs and death became the main five forms of the punishment system during this period. From the Xia Dynasty onwards through the Shang dynasty (1600–1046 BC) and the Zhou dynasty (1046–256 BC). The "Five Punishments for Slaves" were abolished during the reign of Emperor Wen of Han following a petition from a female subject Chunyu Tiying (淳于緹縈), and replaced by the "Five Punishments for Serfs".

The Five Punishments in ancient China

Apart from the death penalty, the remaining four Punishments for Slaves were designed to bring about damage to their bodies that would mark them for life. All ordinary citizens were subjected to these punishments. These punishments were for men. The number of crimes to which the punishment was applicable is listed next to each one.
* ''Mò'' (墨), also known as ''qíng'' (黥), where the offender would be tattooed on the face or forehead with indelible ink.
* ''Yì'' (劓), where the offender's nose was cut off. This was done without an anesthetic.
* ''Yuè'' (刖), also known as ''bìn'' (臏) during the Xia dynasty and ''zhǎnzhǐ'' (斬趾) during the Qin dynasty, involved amputation of the left or right foot or both. Other sources claim that this punishment involved removal of the kneecap, which is claimed to be the source of Warring States period military strategist Sun Bin's name.
* ''Gōng'' (宮), also known as ''yínxíng'' (淫刑), ''fǔxíng'' (腐刑) or ''cánshì xíng'' (蠶室刑), where the male offender's reproductive organs were removed. The penis was removed and testicles were cut off (emasculation), and the offender was sentenced to work as a eunuch in the Imperial palace. ''Gōng'' for men was applied to the same crime as ''Gōngxing'' for women, namely adultery, licentious or promiscuous activity.
* ''Dà Pì'' (大辟), the death sentence. Methods of execution were quartering, or cutting the body into four pieces (''fēn wéi lù'' 分為戮); boiling alive (''pēng'' 烹); tearing off an offender's head and four limbs by attaching them to chariots (''chēliè'' 車裂); beheading (''xiāoshǒu'' 梟首); execution then abandonment of the offender's body in the local public market (''qìshì'' 棄市); strangulation (''jiǎo'' 絞); and slow slicing ('' língchí'' 凌遲). Other methods of execution were also used.

The Five Punishments in Imperial China

During the Western Han dynasty, tattooing and amputation were abolished as punishments and in subsequent dynasties, the five punishments underwent further modification. By the Sui dynasty, the five punishments had attained the basic form they would have until the end of the imperial era. This is a brief survey of the five punishments during the Qing dynasty:
* ''Chī'' (笞), beating on the buttocks with a light bamboo cane. During the Qing dynasty (1644–1911), bamboo clappers were used instead. There were five degrees of ''chī'':
** 10 lashes (remitted on payment of 600 ''wén'' (文) in copper cash)
** 20 lashes (remitted on payment of 1 ''guàn'' (貫) and 200 ''wén'' in copper cash. 1 guàn equals 1000 wén)
** 30 lashes (remitted on payment of 1 ''guàn'' and 800 ''wén'' in copper cash)
** 40 lashes (remitted on payment of 2 ''guàn'' and 400 ''wén'' in copper cash)
** 50 lashes (remitted on payment of 3 ''guàn'' in copper cash)
*''Zhàng'' (杖), beating with a large stick on either the back, buttocks or legs. The five degrees of ''zhàng'' were:
** 60 strokes (remitted on payment of 3 ''guàn'' and 600 ''wén'' in copper cash)
** 70 strokes (remitted on payment of 4 ''guàn'' and 200 ''wén'' in copper cash)
** 80 strokes (remitted on payment of 4 ''guàn'' and 800 ''wén'' in copper cash)
** 90 strokes (remitted on payment of 5 ''guàn'' and 400 ''wén'' in copper cash)
** 100 strokes (remitted on payment of 6 ''guàn'' of copper cash)
* ''Tú'' (徒), compulsory penal servitude with five degrees of severity:
** One year of penal servitude plus 60 strokes of the large stick (remitted on payment of 12 ''guàn'' in copper cash)
** One and a half years of penal servitude plus 70 strokes of the large stick (remitted on payment of 15 ''guàn'' in copper cash)
** Two years of penal servitude plus 80 strokes of the large stick (remitted on payment of 18 ''guàn'' in copper cash)
** Two and a half years of penal servitude plus 90 strokes of the large stick (remitted on payment of 21 ''guàn'' in copper cash)
** Three years of penal servitude plus 100 strokes of the large stick (remitted on payment of ''24 guàn'' in copper cash)
* ''Liú'' (流), exile to a remote location (such as Hainan) with return to one's place of birth being forbidden. There were three degrees of severity:
** 2000 '' lĭ'' (里) (620 miles) plus 100 strokes of the large stick (remitted on payment of 30 ''guàn'' in copper cash)
** 2,500 ''lǐ'' (775 miles) plus 100 strokes of the large stick (remitted on payment of 33 ''guàn'' in copper cash)
** 3,000 ''lǐ'' (930 miles) plus 100 strokes of the large stick (remitted on payment of 36 ''guàn'' in copper cash)
* ''Sĭ'' (死), death penalty. Following the Sui and Tang dynasties there were generally two options: hanging (''jiǎo'' 絞) or decapitation (''zhǎn'' 斬). From the Song dynasty (970–1279 AD) onwards, slow slicing (''língchí'' 凌遲) along with beheading (''xiāoshŏu'' 梟首) were also used. The death penalty could be remitted on payment of 42 ''guàn'' in copper cash.

The scale of the remittance payments can be gauged from the fact that at the era of the Qianlong Emperor (1735–1796), the average wage of a construction laborer in Zhili Province was 0.72 ''wén'' or 0.6 troy ounces of silver per day.Databases on Materials, Wages, and Transport Costs in Public Construction in the Qianlong Era

These punishments were applied to women for the same crimes as committed by men.
* ''Xíngchōng'' (刑舂), where the offender was forced to grind grain
* ''Zǎnxíng'' (拶刑), also known as (''zǎnzhĭ'' 拶指), squeezing of the fingers between sticks
* ''Zhàngxíng'' (杖刑), beating with wooden staves
* ''Cìsǐ'' (賜死), forced suicide
* ''Gōngxíng'' (宮刑), sequestration or confinement to a room. Punishment for licentiousness or adultery. ''Gōngxing'' for women was applied for the same crimes as the ''gōng'' punishment for men.

See also

* Traditional Chinese law
* Ti Ying, girl who persuaded Emperor Wen of Han to abolish the Five Punishments.

References

{{Reflist

External links

''This article is based on 五刑 in the Chinese Wikipedia.''

Legal history of China
Legal codes
Corporal punishments
Amputations