Ritsuryo

Ritsuryo (律令) is the historical law system based on the philosophies of Confucianism and Chinese Legalism in Japan. The political system in accord to Ritsuryo is called "Ritsuryo-sei" (律令制). Kyaku (格) are amendments of Ritsuryo, Shiki (式) are enactments.

Ritsuryo defines both a criminal code (律 - Ritsu) and an administrative code （令 - Ryo).

During the late Asuka period (late 6th century - 710) and Nara period (710 - 794), the imperial court, trying to replicate China's rigorous political system from the Tang Dynasty, created and enforced some collections of Ritsuryo.

In 645, the Taika reforms were the first signs of implementation of the system

Major establishments of Ritsuryo were:

Omi-ryō (近江令; 669) - 22 volumes of administrative code, of disputed existence
Asuka-kiyomihara-ryō (飛鳥浄御原令; 689) - 22 volumes of administrative code
Taihō-ritsuryō (大宝律令; 701) - of major influence, 11 volumes of administrative code, 6 volumes of criminal code
Yōrō-ritsuryō (養老律令; 720, enacted in 757) - 10 volumes of administrative code, 10 volumes of criminal code, revised edition of the Taihō-ritsuryō

Main achievments

Government and administration

The system divided the country into several administrative divisions.

Kuni or provinces,the gokishichido, each province subdivided into
Districts or Kori (郡), in their turn divided into
Ri (里)

Later, the Go (郷) were introduced between the Kori and the ri.

The system established a central administrative government, with the Emperor at its head. Two departments were set up :

The Jingi-kan (Department of Worship), in charge of rituals and clergy
The Dajō-kan, (Department of State), divided into 8 ministries.

Posts of those public Departments were all divided into four ranks (the Shitokan), kami, suke, jo and sakan. A global system of ranking for all public posts was introduced with over 30 ranks (官位, Kan-i), regulating stricly which posts could be accessed to which rank. Ranking was supposed to be mostly merit-based, the children of high-ranking public officials were nonetheless granted a minimal rank. This provision (on-i no sei 蔭位の制) existed in the Tang law, however under the Japanese ritsuryo ranks for which it was applied were higher as well as the ranks obtained by the children.

Registration of the citizens, updated every 6 years (戸籍, koseki), as well as a yearly tax book (計帳 ,keicho) were established. Based on the keicho, a tax system was established (the Soyocho 租庸調). Tax was levied on rice crops but also on several local products (cotton, salt, tissue...) sent to the capital. The system also established local corvee at a provincial level by orders of the kokushi), a corvee at the Capital (although the corvee at the capital could be replaced by goods sent) and military service.

Criminal code

A criminal system was introduced, with five levels of punishment.

Chi(笞) : corporal punishment
Jo(杖) : (harder) corporal punishment
Zu(徒) : imprisonment
Ru(流) : exile
Shi(死) : death

It defined 8 heavy crimes for which death was inevitable even for high-ranked aristocrats (such as attempting to kill the Emperor, or killing his own relatives, etc.). The code based itself on the Ten Abominations of the Tang code, but suppressed two crimes related to the disruption of a family's structure (through adultery for instance).

Handen-Shuju

Land as well as citizens were to be "public property" (公地公民). One of the major pillars of the Ritsuryo was the introduction of the Handen-Shuju (班田収受制) system, similar to the equal-field system in China. The Handen-Shuju regulated land ownership. Based on the registration, each citizen over 6 was entitled a "public field", subject to taxation (roughly 3% of crops). The surface of each field was 2-kai around 20 ares, for men, and two-thirds of the latter for women (the Shinuhi and Kenin castes were however entitled only 1/3 of this surface). The field was returned to the country at death. Land belonging to shrines and temples were exempt from taxation. Collection and restribution of land took place every 6 years.

Castes

Main article :Japanese castes under the ritsuryo

The population was divided in two castes, Ryomin (良民) (furthermore divided into 4 subcastes) and Senmin (賤民) (divided into 5 castes), the latter being close to slaves . Citizens wore different colors according to their caste.

Evolution of Ritsuryo application

Several modifications were added over time. In order to promote cultivation, a law allowing the ownership for three generations of newly arable fields was promulgated in 723 (三世一身法, Sanzei isshin Law) and then without limits in 743 (墾田永年私財法, Konden Eisei Shizai Law). This lead to the apparition of large private lands, the first shoen.

Strict application of the Handen-Shuju system decayed in the 8th and 9th century. In an attempt to maintain the system, the period between each collection/distribution was extended to 12 years under Emperor Kanmu. At the beginning of Heian period, the system was almost not enforced. The last collection/distribution took place between 902 and 903.

The caste system was less and less strictly enforced. Some Ryomin would wed Senmin to avoid taxation, and Senmin/Ryomin children would become Ryomin. At the end of the 9th century / beginning of the 10th, the cast system was practically void of its substance.

Hereditary high-ranks for public posts led to the monopoly of occupation of the most important posts by a limited number of families, in effect a nobility, amongst which the Fujiwara clan, Minamoto clan, Taira clan and the Tachibana clan.