The Laws of Tian Xia
or the Tianlong Dynasty to manage an empire as large as Tian Xia, It was determined at the start that an effective system of laws and law enforcement would be necessary.
What initially started as a simple system of punishment for a short list of crimes has, over the centuries, developed into a complex system of determining the severity of a crime and assigning punishment for those crimes on the basis of numerous exacerbating or mitigating factors.
Depending on the magnitude of the crime, punishment can range from beatings with light sticks, beating with heavy sticks, strangulation, and decapitation. Fines, brands, tattooing, reduction of social standing and exile can be included in punitive measures for certain crimes.
Crime and Punishment
At its core, the principles of Tian Xia laws are simple. The majority of crimes committed by citizens generally fall under the categories of theft, assault, corruption, murder, and treason.
The maximum physical punishment prior to death sentences is 100 strokes of the heavy stick.
Theft
Theft covers a vast range of possible crimes from petty pickpocketing to acts of piracy (in those instances where no blood is shed)
For petty crimes, beatings with the light stick are common. For more serious crimes, the heavy stick is used.
Criminals punished twice for serious thefts receive a tattoo behind their left ear. The next time they are assigned punishment, a second tattoo is inked behind their right ear. Any criminal apprehended for a serious theft who has two such tattoos already is executed by strangulation.
Assault
Petty assaults, where no lasting damage is caused, are typically punished using the light stick. Serious assaults, where the victim is badly hurt (broken bones, etc), are punished using the heavy stick.
Criminals punished twice for serious assaults receive a tattoo on their left palm. The next time they are assigned punishment, a second tattoo is inked on their right palm. Any criminal apprehended for a serious assault who has two such tattoos already is executed by strangulation.
Corruption
Almost a second set of laws, the rules with regards to correct and meritorious conduct for Imperial officials are incredibly complex. Whilst, at a first glance, they may seem forgiving (Emphasis on beatings with light sticks, fines, demotions, and so forth) there are many more ways for a member of the Three Departments and Six Ministries to fall afoul of the law. Negligence, failure to discharge duty in a timely fashion, irresponsible delegation: in broad terms, laziness and lack of focus can easily lead an official into a legal pitfall.
These laws cover major and minor aspects of the Imperial Infrastracture of Tian Xia, and knowledge of these particular laws are a major facet of the Imperial Examinations.
Murder
In general, the crime of murder is punished by death.
Particularly vile crimes in this category, or sequential killings prior to capture, might result in a set period of torture prior to the final execution.
In certain circumstances, mitigating factors may reduce the degree of punishment to something less severe than death, as determined by the deciding magistrate.
Treason
Strictly speaking, Treason is the most serious crime within Tian Xia. Treason covers crimes from the attempted (or successful) assault or murder of any within the Imperial Enclosure, attempts to destabilise the dynasty (rebellions, etcetera), or the deliberate disruption or destruction of critical Imperial infrastructures. The latter can be as simple as assaulting, killing, or robbing an Imperial Messenger, publicly burning Imperial Proclamations, and attempting to incite rebellion. It can be as grandiose as arson of granaries and libraries or the destruction of bridges.
Treason is a broad term within the context of Tian Xia law, not simply an assault on the ruling family. As such, the laws recognise degrees of culpability with regards to the actions and role taken by individuals responsible for crimes falling under the category of Treason.
Those responsible for instigating the treason always receive the level of punishment appropriate for the severity of the crime. Accomplices receive punishment reduced by one degree of severity. Supporters of the instigators, if unaware of the treasonous nature of the crime being planned, may receive punishment reduced by two degrees.
Law Enforcement within Tian Xia
Broadly speaking, there are two main agencies involved in prosecuting the Imperial Laws: The Magistrates, and the Jinyiwei. However it is the Magistrates of the Ministry of Justice who are the public face of Imperial Law.
The role of Magistrate is one of respect and responsibility within Tian Xia society. Passing the Imperial Examination for this role requires great intelligence, focus, and a flawless memory of Tian Xia's laws. The most successful magistrates within Tian Xia also possess wisdom, an insight into sentient nature, and a broad understanding of many fields of study, from medicine and physiology to toxicology and commerce.
There are two kinds of Magistrate within Tian Xia: Regional Magistrates and Travelling Magistrates.
Regional Magistrates
These magistrates are responsible for dispensing justice and reporting on the criminal happenings of a fixed area, ranging from Town, County, Province, and Region.
Due to the centralised nature of their work, regional magistrates are supported by a staff of subordinates to help enact Imperial Justice. A magistrate's prominence tends to determine the number and quality of subordinates available to them.
Typically, however, a regional magistrate's staff will always have the following roles staffed:
The Principal Investigator
Responsible for examining each case within the Magistrate's jurisdiction, to ensure the Magistrate has enough facts to pronounce an appropriate judgement. The better ones have training in medicine and physiology to more reliably examine victims of serious crimes.
The Principal Secretary to the Magistrate
Responsible for recording all judgements and ensuring accurate monthly reports are forwarded to the Magistrate's superiors.
The Dispenser of Chastisement
Responsible for carrying out the physical punishment. Chastisers are respected, but not often well liked, and perform a difficult but necessary role in Tian Xia.
Beatings, Tattoos, and Strangulations are carried out by Chastisers. At the Town and County levels, Chastisers are often ill-equipped or trained to carry out decapitations or torture. Criminals requiring such punishments must therefore be transported to that province's head Magistrate for execution.
Bailiffs
Members of Tian Xia's military assigned to Magistrates to assist in the capture and holding of criminals.
Traveling Magistrates
Travelling magistrates form an elite within the Ministry of Justice. When an applicant shows above average qualities in the Imperial Examination, they are given the option to undergo additional training to earn the right to enter the Examinations for Travelling Magistrates.
Some criminals, relying on a county or province's jurisdiction to extend only as far as its borders, roam Tian Xia like nomads. Operating under the guise of 'travelling merchants', or similar ploys, it can be difficult to locate and prosecute such people. It became apparent several centuries ago that Magistrates with jurisdiction across the entirety of Tian Xia would be necessary to counter such criminals.
Travelling Magistrates must have all the qualities of a regional magistrate, but also require the skills of all a magistrate's staff. While a travelling magistrate does have a minimum allotment of subordinates accompanying them, if one or all are incapacitated or killed, the travelling magistrate is expected to be able to perform all those tasks in a pinch.
Due to the training a magistrate normally undergoes to obtain this position, it is rare for a travelling magistrate not to have combat experience of one form or other. It is not uncommon for travelling magistrates to have minor magical talents. (Those with major magical talents tend to be seconded to the Jinyiwei instead, where their talents will be better utilised.)
A Travelling Magistrate is required report in with each regional Magistrate's office. At this time they must perform three tasks:
1. Record their presence and current destination.
2. Lodge any reports to be lodged for onforwarding to the capital.
3. Examine the local Magistrate's reports of uncaptured criminals and unsolved crimes
In this way, if a Travelling Magistrate goes missing, the JinyiWei investigators know where to begin their enquiry. It benefits the Travelling Magistrate to compare notes between offices to see if there are indications of crimes spreading between counties and provinces. Finally, it means that the loss of a magistrate does not necessarily mean the loss of all evidence for their current investigations.
With regards to seniority in investigations
In the pursuit of criminals crossing jurisdictional boundaries, the Traveling Magistrate is given seniority for an investigation. If a travelling magistrate chooses to assist a local magistrate in one of their cases, the local magistrate has seniority. Jinyiwei always have seniority in their investigations.