New Insights into Emperor Wen of Han’s 167 BCE Legal Reform: the Changes in the Grading System for Illicit Profit from Robberies

Recognized as a pivotal moment in early Chinese legal history, Emperor Wen of Han’s 167 BCE legal reform raises significant unresolved questions due to limited available evidence. This paper aims to investigate the reform’s impact on the grading system for illicit profit resulting from robberies. By analyzing recently published legal manuscripts discovered in Tomb No. 12 at Hujiacaochang, Hubei, this study reveals that the reform introduced a more structured and coherent grading system for illicit profit, aligning it with the newly-established hierarchy of fixed-term hard labor punishments. By placing this reform in the context of the early Han dynasty, this research offers an alternative perspective that challenges the prevailing assumption that “Han continued the institutions of the Qin.”