IMPLEMENTATION

The major challenge for the Yiian administrators, after having compiled their codes and established their complex system of laws and punishments, was the enforcement and execution of those laws over such a vast swathe of land and such a diverse patchwork of ethnic groups and communities, each with their own religious, social, and economic customs and traditions. The development of legal professionalism in formal trials and arbitration as well as informal settlements and legal understandings stands as testament to Yiian success and pride. The volumes of legal judgments, interpretations, rulings, cases, and other judicial material ensured that the law was open and accessible to all who could read and who might be interested in the administration of justice.

The basic hierarchy of legal administration was headed by the Secretarial Council, the Chung-shu-sheng, of the central government under which 10 Hsing Chung-shu-sheng or Hsing-sheng acted as provincial governments. The Hsing-sheng were split into four administrative divisions: hi, fu, chon, and hsien. Two further divisions, the army and the Bureau of Pacification, came under military control. The hsien became the basic judicial unit that could refer cases to the other divisions, and the hsien in turn was ranked upper, medium, or lower. By way of example, the following were officials of the upper hsien: magistrates (hsien-yin), assistant magistrate (hsien-ch'eng), record-keeper (chu-pu), police commissioner (hsien-ivei), and regional overseer (dam'chi). The police commissioner was entrusted with law enforcement and would patrol the area under his control with the authority to arrest suspects. To assist him in his duties he was assigned a team of archers (kung-shou) who acted as the police force. These archers were responsible for apprehending thieves and robbers, and failure to do so would result in their own punishment. Failure to arrest a thief or robber within a month was punished with 7 or 17 blows from a light stick, respectively; for two months 17 or 27 blows, respectively; for three months 27 or 37, respectively. However, the archer would receive an award for capturing the criminal before the deadline. The archers often relied on the ching-chi-jen for local intelligence. Once apprehended, the accused was handed over to the hsien-yin, the magistrate, for trial and sentencing.

Once the suspect entered the judicial system, he was confronted with a complicated and well-ordered organization. A complicated hierarchy of courts and a regulated setup of jails was headed by a commissioner of jails, the ssu-yii. The Yuan jailing system differed from other dynasties' systems because the Yiian jails were viewed more as holding jails utilized while the accused was going through the system. Because the emphasis of punishment was on forced labor rather than the deprivation of freedom, the cells were employed during those periods when the accused was awaiting or undergoing trial.

The prison commissioner (ssu-yii), was responsible for four main areas: ensuring that the jails were clean and maintained; providing regular food and clothing for inmates; personally checking sick detainees; and reporting to the higher authorities any complaints, accusations, and problems concerning the prisoners. To prevent inmates from escaping, many prisoners were fettered. More serious offenders were forced to wear the cumbersome cangiie, a kind of highly restrictive and heavy wooden collar. The weight of the cangue varied according to the crime. Murderers were obliged to wear wooden handcuffs. Chains and fetters of different weights and lengths were also employed. Torture was permitted but regulated and only allowed if other evidence existed pointing to the guilt of the accused. Torture had to be authorized and was theoretically restricted to beating. However, despite its prohibition, other more imaginative and cruel forms of torture existed. It was clearly stated that torture was not to be used unless clear evidence of guilt existed. Torture was deemed necessary because of the importance put on confessions.

In general, the judicial system of courts and jails was extremely well staffed by a complicated hierarchy of officials with a built-in system of checks and balances to counter irregularities and abuse of the system. The system ensured the accused legal rights and a system of appeal and redress for any perceived injusfices. Verdicts and decisions often had to be signed by the accused, and a system of fingerprints was used to guard against forgery. Ink was smeared on the tip of the index finger and the back of the second and third joints and an impression made underneath the accused's name. This impression of three spots was apparently impossible to forge, and each person's impression was unique. This signature was necessary, and if it were not obtained the case had to be reviewed.

Until 1271 the judicial structure of the Yiian government was divided into three branches. These were the Fa-ssu (Bureau of Law), the Hsing-pu (Board of Punishments), and the Tu-sheng (the capital city's Secretarial Council). The Fa-ssu was dissolved in 1271, leaving the Hsing-pu and the Tu-sheng powerful institutions throughout the period of Yuan government. The Hsing-pu in particular became an important body, and even though final modifications were the preserve of the Tu-sheng, its decisions were rarely questioned.

The functions and structure of the judicial institutions were considered so well defined and transparent that no one could claim ignorance or confusion of the procedures in order to excuse bypassing the chain of command. Those who did were subject to punishment; however, those who found fault with the procedures or operation of justice were encouraged to air their grievances and seek recompense. The clear delegation of authority at all levels limited the potential for abuse or manipulation of the system. For cases of particular injustice it was possible to seek the intervention of the emperor himself. For this eventuality a drum was set up outside the imperial palace, and citizens were allowed to beat this drum in order to attract the attention of the emperor to their plight. The Yuan system of justice awarded more effective protection for its citizens against abuse of power, corruption, and the system itself than did earlier and later judicial systems under other dynasties.