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| Statutory Framework and Imperial Discretion： The Evolution of the Redemption System for Officials in the Qing Dynasty |
| Zhao Song |
| (Law School， Central China Normal University， Wuhan 430079) |
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Abstract The redemption system in the Qing dynasty constituted an integral part of the imperial penal structure， embodying the dynamic interaction between codified law and judicial practice. Inheriting the redemption tradition from the Ming dynasty， this system evolved continuously through statutory revisions and imperial intervention， with the nashu (redemption by payment) mechanism for officials being its most representative form. Regarding official crimes， although the Qing Legal Code clearly stipulated the scope and standards for redemption， successive emperors frequently modified these provisions through edicts or case-by-case rulings， thereby revealing the tension between legal norms and actual judicial operation. Throughout the Qing dynasty， the court adhered to a penal policy based largely on corporal punishment， yet retained a limited space for officials to redeem their sentences. During the Shunzhi and Kangxi reigns， the application of redemption was unstable， as imperial discretion often superseded statutory provisions. From the Yongzheng reign onward， with the improvement of the legal system， redemption practices became increasingly standardized， but were still subject to revisions by imperial power. By the Qianlong and Jiaqing periods， cases involving imprisonment or more severe punishments were gradually excluded from the scope of redemption， with only limited redemption for the flogging punishment. The system structure shifted from lenient to strict， ultimately establishing a redemption system centered on imperial discretion. The evolution of this system thus reflected the interaction between codified law and imperial discretion. Emperors not only revised the statutes to reshape the scope of redemption but also exercised decisive authority in judicial cases， ultimately forming a complex judicial mechanism characterized by the coexistence of a statutory framework and imperial discretion.
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2025, Vol. 64 
