Contents

Preface

Chinese Dynasties and Historical Periods (ca. 1000 bc–AD 200)

Maps of the Qin Empire and the Provinces of the South

Part 1

Introduction

Chapter 1 part 1: introduction – chapter 1

Sources on Early Chinese Law before the Yuelu Academy Finds

1.1 Received Literature

1.2 Excavated Manuscripts

Chapter 2 part 1: introduction – chapter 2

The Yuelu Academy Manuscript Collection

2.1 The Question of Authenticity

2.2 Possible Origin of the Collection

Chapter 3 part 1: introduction – chapter 3

The Wei yu deng zhuang Manuscripts

3.1 Codicological Features

3.2 Basic Content

Chapter 4 part 1: introduction – chapter 4

The Wei yu deng zhuang in Comparison with the Zou yan shu from Zhangjiashan Tomb No. 247

4.1 Legal Terminology

4.2 Instances of Jurisdiction

4.3 Rank Order of Punishments

4.4 Principles for Determining Punishment

4.5 Stages of Criminal Procedure

4.6 Formal Classification of Criminal Cases

4.6.1 Doubtful Legal Decisions

4.6.1.1 Procedure and Formal Characteristics of Submission

4.6.1.2 Doubtful Legal Decisions in the Wei yu deng zhuang

4.6.1.3 Further Development and Function

4.6.2 Cases Requiring Approval of the Higher Authorities

4.6.3 Petitions for Retrial

4.6.3.1 Legal Basis

4.6.3.2 The Case No. 17 from Pre-imperial Qin and Its Consequences

4.6.3.3 Petitions for Retrial in the Wei yu deng zhuang

4.6.4 Recommendations of Competent Investigators for Promotion

4.6.4.1 Legal Basis

4.6.4.2 Similarities in the Content

4.6.4.3 The Formula of the Letter of Recommendation

Chapter 5 part 1: introduction – chapter 5

The Wei yu deng zhuang in Comparison with Other Legal Texts

5.1 Functional Comparison with the Feng zhen shi

5.2 Comparison with Official Court Precedents

5.2.1 The Early Han Precedent of the Absconded Private Slave Woman

5.2.2 The Qin Precedents of the Court

Chapter 6 part 1: introduction – chapter 6

Conclusions

6.1 Authentic Documents or Fictitious Cases? The Genre of Text

6.2 Used Formulae and Basic Structure

6.3 Possible Function of the Wei yu deng zhuang

Part 2

Annotated Translation of the Wei yu deng zhuang

PART 2: ANNOTATED TRANSLATION OF THE WEI YU DENG ZHUANG

Notes on the Translation

Case I.1

Diplomatic Edition

Edition and Translation

Submission by Zhouling Prefecture – Introductory Formula

Original Case – Initiation of Criminal Proceedings

Original Case – First Stage of Interrogation

Original Case – Judgement

Retrial – Initiation of Criminal Proceedings

Retrial – First Stage of Interrogation

Retrial – Forensic Examination and Interagency Enquiries

Retrial – Finding of Fact

Retrial – Decision of Zhouling Prefecture

Submission by Zhouling Prefecture – Concluding Formula

Alternative Votes for Judgement

Response to the Submission by Nan Province (Decision)

Case I.2

Diplomatic Edition

Edition and Translation

Submission by Zhouling Prefecture – Introductory Formula

Initiation of Criminal Proceedings

First Stage of Interrogation

Forensic Examination and Interagency Enquiries

Citation of Relevant Statutory Provisions

Finding of Fact

Submission by Zhouling Prefecture – Concluding Formula

Alternative Votes for Judgement

Response to the Submission by Nan Province (Decision)

Case I.3

Diplomatic Edition

Edition and Translation

Submission by Jiangling Prefecture – Introductory Formula

Order by the Superior Governor to Submit the Original Case for Decision

Original Case – Initiation of Criminal Proceedings

Original Case – First Stage of Interrogation

Original Case – Interagency Enquiries

Original Case – Finding of Fact

Original Case – Judgement

Submission by Jiangling Prefecture – Concluding Formula

Case I.4

Diplomatic Edition

Edition and Translation

Submission by Jiangling Prefecture – Introductory Formula

Report by the Prefecture on the Judgement Passed in the Original Case

Order by the Superior Governor to Submit the Original Case for Decision

Original Case – Initiation of Criminal Proceedings

Original Case – First Stage of Interrogation

Original Case – Second Stage of Interrogation (Confrontation)

Original Case – Interagency Enquiries

Original case – Finding of Fact

Original Case – Judgement

Case I.5

Diplomatic Edition

Edition and Translation

Submission by the Prefecture – Introductory Formula

Initiation of Criminal Proceedings

First Stage of Interrogation

Interagency Enquiries

Finding of Fact

Submission by the Prefecture – Concluding Formula

Alternative Votes for Judgement

Case I.6

Diplomatic Edition

Edition and Translation

Submission by the Prefecture – Introductory Formula

Request to Submit the Case to the Higher Authorities for Decision

Original Case – List of Charges and Decision

Original Case – Rejection by the Competent Authority

Retrial – First Stage of Interrogation

Retrial – Second Stage of Interrogation (Confrontation)

Retrial – Interagency Enquiries

Retrial – Finding of Fact

Submission by the Prefecture – Concluding Formula

Vote for Judgement

Case I.7

Diplomatic Edition

Edition and Translation

Submission by the Prefecture – Introductory Formula

Initiation of Criminal Proceedings

First Stage of Interrogation

Second Stage of Interrogation (Confrontation)

Interagency Enquiries

Finding of Fact

Submission by the Prefecture – Concluding Formula

Alternative Votes for Judgement

Case II.8

Diplomatic Edition

Edition and Translation

Initiation of Criminal Proceedings

First Stage of Interrogation

Forensic Examination and Interagency Enquiries

Finding of Fact

Judgement

Related Case(?) – Initiation of Criminal Proceedings

Related Case(?) – Interagency Enquiries

Related Case(?) – Finding of Fact

Related Case(?) – Judgement

Titles on the Verso of the Slips

Case II.9

Diplomatic Edition

Edition and Translation

Initiation of Criminal Proceedings

Report on Investigations

First Stage of Interrogation

Interagency Enquiries(?)

Judgement

Submission by the Prefecture – Introductory Formula

Letter of Recommendation for Investigating Officials

Submission by the Prefecture – Concluding Formula

Case II.10

Diplomatic Edition

Edition and Translation

Initiation of Criminal Proceedings

Report on Investigations

First Stage of Interrogation

Second Stage of Interrogation (Confrontation)

Interagency Enquiries

Judgement

Letter of Recommendation for Investigating Officials

Submission by the Prefecture – Concluding Formula

Case II.11

Diplomatic Edition

Edition and Translation

Second Retrial – Petition for a New Finding of Fact

Original Case – Initiation of Criminal Proceedings

Original Case – First Stage of Interrogation

Original Case – Finding of Fact

Original Case – Judgement

First Retrial – Petition for a New Finding of Fact

First Retrial – First Stage of Interrogation

First Retrial – Finding of Fact

First Retrial – Judgement

Second Retrial – First Stage of Interrogation

Second Retrial – Second Stage of Interrogation (Confrontation)

Second Retrial – Interagency Enquiries

Second Retrial – Finding of Fact

Notification of Competent Officials by the Agency of the Minister of Trials (Judgement)

Case II.12

Diplomatic Edition

Edition and Translation

Retrial – Petition for a New Finding of Fact

Retrial – First Stage of Interrogation

Retrial – Second Stage of Interrogation (Confrontation)

Retrial – Interagency Enquiries

Retrial – Finding of Fact

Notification of Competent Officials by the Higher Authorities (Judgement)

Case II.13

Diplomatic Edition

Edition and Translation

Initiation of Criminal Proceedings

Interagency Enquiries

Case III.14

Diplomatic Edition

Edition and Translation

Submission by Huyang Prefecture – Introductory Formula

Initiation of Criminal Proceedings

First Stage of Interrogation – Part I

Inspection of Pieces of Evidence

First Stage of Interrogation – Part II

Second Stage of Interrogation(?) (Confrontation)

Interagency Enquiries

Finding of Fact

Submission by Huyang Prefecture – Concluding Formula

Alternative Votes for Judgement

Response to the Submission by the Province (Decision)

Case IV.15

Diplomatic Edition

Edition and Translation

Submission by the Prefecture – Introductory Formula

First Stage of Interrogation

Second Stage of Interrogation (Confrontation)

Forensic Examination, Measuring and Interagency Enquiries

Finding of Fact

Submission by the Prefecture – Concluding Formula

Request (For Enactment of an Ordinance)

Decision by the Ruler

Appendix I

Stages of Criminal Procedure as Reflected in Legal Manuscripts of the Qin and Early Han Period

Appendix II

Qin Official Titles Mentioned in the Wei yu deng zhuang and/or the Qin Cases of the Zou yan shu

Appendix III

Overview of the Wei yu deng zhuang Cases

Appendix IV

Legal Terms Mentioned in the Wei yu deng zhuang

Bibliography

Index