Skip to main content Accessibility help
×
Hostname: page-component-77f85d65b8-6bnxx Total loading time: 0 Render date: 2026-04-07T18:57:44.608Z Has data issue: false hasContentIssue false

3 - The Mutual-Responsibility System

Criminalizing the Innocent

from Part I - Criminalizing the Empire

Published online by Cambridge University Press:  09 January 2026

Liang Cai
Affiliation:
University of Notre Dame, Indiana
Get access

Summary

Chapters 3, 4 and 5 argue that the emergence of convict politics in the early Chinese empires was a direct result of the legal system producing a significant number of innocent convicts, thereby undermining the understanding of crime and criminality. Chapter 3 delves into the mutual-responsibility system – a major principle of legal practice from the Qin and Han dynasties through to the twentieth century. This system, aimed at deterring crime through the imposition of severe punishments to instill fear, inadvertently compromised justice. It led to openly punishing the lawful, including the families, neighbors, and friends of offenders. While effective in enforcing surveillance and procuring convict labor, the mutual-responsibility system underscored the absolute power of the throne, yet it distorted the relationship between crime and punishment and conflated moral standards. This systemic injustice sparked ongoing and fervent debates among scholars, officials, and even emperors. However, the bureaucratization of legal processes prevented any meaningful reform from happening.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×