刑 (Xíng), translated as "punishment," represents the enforcement aspect of Legalist governance. In Legalist philosophy, punishment is not merely a deterrent but an essential tool to maintain order and ensure compliance with the law (法, Fǎ). Legalists view human nature as inherently self-interested and believe that strict, consistent, and public punishments are necessary to discourage disobedience and rebellion.
Unlike Confucianism, which emphasizes moral correction and rehabilitation, Legalism prioritizes immediate and visible consequences to reinforce authority. The harshness of punishment reflects the belief that fear of reprisal is a more reliable motivator than appeals to virtue.
The concept of Xíng was heavily emphasized during the Qin Dynasty (221–206 BCE) under Qin Shi Huang. Legalist advisor Shang Yang (商鞅) institutionalized a system where punishments were swift, severe, and applied uniformly. This approach helped unify China by enforcing discipline and discouraging dissent but also led to resentment due to its harshness, contributing to the dynasty’s eventual collapse.
In modern China, Xíng has evolved beyond its Legalist roots, incorporating elements of Confucianism and international norms. The CCP employs Xíng strategically to maintain order, deter corruption, and enforce compliance with laws, particularly in areas of governance, economic regulation, and social behavior.
Key Characteristics in CCP Governance:
Targeted Enforcement:
The CCP applies Xíng not only to punish crimes but also to set examples, deterring similar behavior across society.
Severity for Specific Crimes:
Certain offenses, like corruption and drug trafficking, are met with severe punishments, reflecting the Legalist principle of using harsh penalties to address significant societal threats.
Balance with Rehabilitation:
While Legalism emphasizes punishment alone, modern Chinese governance incorporates rehabilitation and reintegration in less severe cases, influenced by Confucian ideals of correction.
1. Qin Dynasty – Harsh Legal Reforms:
Shang Yang’s reforms imposed harsh penalties, such as the death penalty for treason and severe corporal punishment for minor infractions. These measures deterred crime but fostered fear and resentment among the populace.
2. Anti-Corruption Campaigns:
High-ranking officials found guilty of corruption are often sentenced to life imprisonment or, in severe cases, capital punishment. These actions serve as public warnings, reinforcing the deterrent effect of Xíng.
3. Social Discipline:
Punishments for disruptive behavior, such as fines for public misbehavior or detention for spreading misinformation, reflect the CCP’s use of Xíng to maintain societal harmony.
4. Environmental Violations:
Companies that violate environmental laws face heavy fines and closures, demonstrating Xíng as a tool to enforce compliance with national priorities like ecological preservation.
5. Cybersecurity Law Enforcement:
Individuals and companies found guilty of violating cybersecurity laws face penalties ranging from fines to revocation of licenses, ensuring adherence to regulations.
Severity and Scale:
Americans may perceive Chinese punishments as excessively harsh, especially for crimes like corruption or dissent, which are treated with more leniency in many Western legal systems.
Focus on Deterrence:
The emphasis on deterrence rather than rehabilitation contrasts with Western ideals of justice, which often prioritize individual rights and correction.
Public Punishments:
Legalist-inspired practices, such as using publicized cases to deter others, may be viewed as unnecessarily punitive in cultures emphasizing privacy and individual autonomy.
Xíng reflects China’s historical emphasis on order and discipline as foundations of governance. From the Qin Dynasty’s unification to the CCP’s modern campaigns against corruption, punishment has been a tool for reinforcing authority and ensuring societal stability. While modern Chinese governance incorporates elements of rehabilitation, Xíng remains a vital mechanism for addressing transgressions and maintaining harmony (和谐, Héxié) in a rapidly developing society.