is the historical
law system based on the philosophies of
Confucianism and
Chinese Legalism in
Japan. The political system in accord to Ritsuryō is called "Ritsuryō-sei" (律令制). ''Kyaku'' (格) are amendments of Ritsuryō, ''Shiki'' (式) are enactments.
Ritsuryō defines both a and an .
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 Ritsuryō.
In 645, the
Taika reforms were the first signs of implementation of the system
Major establishments of Ritsuryō were:
★ ''
Ōmi-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 achievements
Government and administration
The system divided the country into several 'administrative divisions'.
★ 'Kuni' or '
provinces',the
gokishichidō, each province subdivided into
★ 'Districts' or 'Kōri' (郡), in their turn divided into
★ 'Ri' (里)
Later, the 'Gō' (郷) were introduced between the Kōri and the ri.
The system established a 'central administrative government', with the Emperor at its head. Two departments were set up :
★ The
Jingi-kan (神祇官, Department of Worship), in charge of rituals and clergy
★ The
Daijō-kan (太政官, Department of State), divided into 8 ministries.
Posts of those public Departments were all divided into four ranks (the
Shitōkan, 四等官), ''kami'' (長官), ''suke'' (次官), ''jō'' (判官) and ''sakan'' (主典).
A global system of ranking for all public posts was introduced with over 30 ranks (官位 ''Kan'i''), regulating strictly 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 (蔭位の制 ''on'i no sei'') 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 ''keichō'') were established.
Based on the ''keichō'', a tax system was established (租庸調 ''Soyōchō''). 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 .
★ : Depending on the severity of the crime, 10, 20, 30, 40 or 50 strikes on the buttocks.
★ : Depending on the severity of the crime, 60, 70, 80, 90 or 100 strikes on the buttocks, performed in public, using a slightly thicker cane than was used for ''chi''.
★ : Depending on the severity of the crime, imprisonment for 1, 1.5, 2, 2.5 or 3 years.
★ : Depending on the severity of the crime, , , or .
★ : Depending on the severity of the crime, death by or .
It defined that were exempt from amnesty. The code was based on the
Ten Abominations of the Tang code, but two crimes related to family life—family discord and disruption of the family (through incest, adultery, etc.)—were removed.
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-Shūju' (班田収受制) system, similar to the
equal-field system in China. The Handen-Shūju 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 ritsuryō''
The population was divided in two castes, ''Ryōmin'' (良民) (furthermore divided into 4 subcastes) and ''Senmin'' (賤民) (divided into 5 subcastes), the latter being close to slaves. Citizens wore different colors according to their caste.
Evolution of Ritsuryō 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 (三世一身の法, ''Sanze-isshin Law'') and then without limits in 743 (墾田永年私財法, ''Konden Einen Shizai Law'').
This led to the apparition of large private lands, the first
shoen.
Strict application of the Handen-Shūju 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 Ryōmin would wed Senmin to avoid taxation, and Senmin/Ryōmin children would become Ryōmin. 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.
See also
★
Ōmi Code
★
Asuka Kiyomihara Code
★
Taihō Code
★
Yōrō Code