A Wrongful Execution and Its Aftermath

In the Chunxi era (1174–1189) of Emperor Xiaozong’s reign during China’s Southern Song Dynasty, a military courier named Wang Qing was executed for a crime he did not commit. The case began when a confidential military dispatch from the frontier was illicitly opened during transit, and an anonymous letter was inserted. After an imperial investigation, Wang Qing—a disu (courier soldier) from Chizhou—was accused of breaking the sealed bamboo tube (ditong) containing the documents. Given the tense military standoff with the Jurchen-led Jin Dynasty, Wang’s alleged breach of protocol carried severe consequences. He was swiftly sentenced to death.

Years later, the truth emerged: another courier had tampered with the dispatch. By then, Wang Qing had already been executed. The Southern Song court, upon realizing its error, implemented corrective measures strikingly similar to modern legal principles—compensation for the victim’s family and accountability for the judicial officials involved.

The Song Dynasty’s Legal Philosophy: “Better to Spare the Guilty Than Condemn the Innocent”

The Song legal system operated under a principle articulated in the Book of Documents: “与其杀不辜，宁失不经” (“Better to spare the guilty than condemn the innocent”). This philosophy manifested in strict judicial accountability, particularly for wrongful convictions (shiru renzui).

– Hierarchy of Judicial Errors:
– Guru renzui (intentional wrongful conviction)
– Shiru renzui (negligent wrongful conviction)
– Shichu renzui (negligent acquittal or under-punishment)
– Guchu renzui (intentional leniency)

Punishments were asymmetrical: a judge who wrongly convicted faced severe penalties, while one who erred toward leniency often escaped reprimand. By the mid-Song, reforms balanced this by linking penalties for under-punishment to wrongful convictions (e.g., five wrongful acquittals equated to one wrongful conviction).

The World’s First “Wrongful Capital Conviction Law”

Under Emperor Shenzong (1067–1085), the Song established groundbreaking legislation:
– Three wrongful executions: Primary judge exiled to a penal colony.
– Two wrongful executions: Judge banished to a remote region.
– One wrongful execution: Judge exiled 1,000 li (~500 km).
– Uncarried executions: Penalties reduced by one degree.

Judges who wrongfully imposed death sentences were barred from future judicial appointments—a policy Emperor Renzor enforced rigorously, even vetoing a recommended official due to a past shiru error.

The Case of Zhao Cuizhong: A Good Official’s Mistake

Wang Qing’s trial judge, Chizhou Prefect Zhao Cuizhong, was no corrupt bureaucrat. He had previously helped exonerate the posthumously rehabilitated general Yue Fei and was renowned for effective governance. Yet, under Song law, even well-intentioned errors demanded accountability. Zhao was demoted (luozhi), while other involved officials faced proportional penalties.

Beyond Confessions: The Song’s Evidence-Based Legal Revolution

While traditional Chinese justice prioritized confessions (“the king of evidence”), the Song pioneered forensic rigor:

1. Limits on Torture:
– Restricted to cases with strong circumstantial evidence.
– Regulated instruments (3.5 chi sticks, ~1m long).
– Maximum 200 strokes over three sessions (20-day intervals).
– Prohibited for elders, minors, disabled persons, and pregnant women.

2. “Conviction Without Confession” Clause:
The Song Penal Code allowed convictions based on irrefutable physical evidence (“若赃状露验，理不可疑，虽不承引，即据状断之”), even without admissions.

3. The Case of the Suspicious Arsonist:
When a thief “confessed” to a three-year-old arson case, judges demanded corroboration. The suspect claimed to have used a buried ceramic jar (wang) and bamboo torch—but the “evidence” appeared suspiciously new. The case was reopened, exposing the false confession.

Forensic Science and the Legacy of Song Ci

The Song established systematic forensic procedures:
– Triple Documentation:
– Jianshi Gemu (procedural log)
– Yanzhuang (injury report)
– Zhengbei Renxingtu (front/back body diagrams with wounds marked in vermilion)
– Blind Re-examination:
Initial reports omitted cause of death to prevent bias in secondary reviews.

Song Ci’s Collected Cases of Injustice Rectified (Xiyuan Lu), the world’s first forensic manual, declared: “No legal matter outweighs capital cases; no capital case outweighs initial facts; no initial facts outweigh forensic examination.”

The Song’s Lost Innovation: “Sealed Verdicts” as Proto-Probation

In minor cases (punishable by beating), judges often:
1. Issued a sentence (e.g., 80 strokes).
2. “Sealed” (feng’an) the verdict—deferring execution.
3. Monitored behavior:
– Reform: Sentence voided.
– Recidivism: “Unsealed” (chedan) for punishment.

This “feng’an—chedan” system, documented in the Enlightened Judgments anthology, functioned identically to modern probation—centuries before its 19th-century Western counterparts. Yet, it vanished after the Song’s fall.

Conclusion: A Legal System Ahead of Its Time

The Wang Qing case illuminates the sophistication—and fragility—of Song legal culture. Its evidence-based protocols, judicial accountability, and even probationary concepts reveal a system that balanced mercy with rigor. While later dynasties regressed toward confession-centric trials, the Song’s innovations remain a testament to China’s overlooked contributions to global legal history.