The Abolition and Persistence of the Han Dynasty’s Collective Liability System

Abstract

The reflection and debate surrounding the retention or abolition of the collective punishment system during the Han dynasty constitute a significant historical event. While Xiao He’s measure to “abolish the crime of collective punishment involving family extermination” may be subject to discussion, the preservation of the collective punishment system actually initiated the Han court’s deliberations on its fate. During the reigns of Emperor Wen and Emperor Zhao, the government held two major discussions regarding the system’s abolition, primarily due to deteriorating social conditions. Although the collective punishment system was never formally abolished, these governmental debates laid the foundation for the prosperous governance under Emperors Wen and Jing, as well as the revival under Emperors Zhao and Xuan.