Literary inquisition


The literary inquisition, also known as speech crime, refers to official persecution of intellectuals for their writings in China. The Hanyu Da Cidian defines it as "when a ruler persecuted intellectuals by deliberately extracting words or phrases from an author's writings to fabricate charges against them.". The Qing dynasty was particularly notorious for the practice.
In general, there are two ways a literary inquisition could be carried out. First is that the conviction came from the writing itself. That is, the writing was the direct cause of the persecution. The second is that the writing was used as a tool to provide legitimate evidence for a predetermined conviction. Such persecutions could owe even to a single phrase or word which the ruler considered offensive. Some of these were due to the naming taboo, such as writing a Chinese character that was part of the emperor's personal name. In the most serious cases, not only the writer, but also their immediate and extended families, as well as those close to them, would also be implicated and killed.

Early history (pre-960)

The earliest recorded literary inquisition occurred in 548 BC in the state of Qi during the Spring and Autumn period. Recorded in the Zuo Zhuan, the powerful minister Cui Zhu, who had murdered the ruler Duke Zhuang, killed three court historians because they insisted on recording the event in the official history. The burning of books and burying of scholars in the Qin dynasty is also considered a form of literary inquisition by some Chinese scholars. It is uncertain how frequently the persecutions occurred. However, compared to during the Ming and Qing dynasties, literary inquisition before the Song dynasty happened less frequently due to the lack of printing.

Han dynasty (206 BC – 220 AD)

One major case during the Han dynasty was that of Yang Yun, a maternal grandson of Sima Qian. Emperor Xuan first discharged him from his position in the government under the accusation of defamation. In 54 BC, he was sentenced to death by waist chopping because of his complaints of his unfair treatment written in a letter to his friend Sun Huizong, which was considered disrespectful and outrageous to the Emperor. His friends still in court were also discharged from their positions. In 208 AD, Kong Rong, a lead figure of the Seven Scholars of Jian'an in the late Eastern Han dynasty, was killed by warlord Cao Cao for his letters to Cao disagreeing and criticizing his rule and practice, including Cao's ban on alcohol for its potential negative impact on the nation. His wife and two sons were also killed. In the Three Kingdoms period, the death of Ji Kang was also related to his writing. In response to Sima Zhao's offer of a position as civil official, Ji Kang wrote a letter expressing his refusal of pursuing any political career. This letter, however, later provided justification for the advice of Zhong Hui, the official who conveyed the offer for Sima Zhao to Ji Kang, to sentence Ji Kang to death.

Southern and Northern dynasties (420–589)

During the Northern Wei dynasty, prime minister Cui Hao carved Guo Shu, which records the history of the ruling Tuoba clan and of which he was assigned as the lead editor, into stone monuments and located them on the side of a major road in a suburb of the capital, Pingcheng. The Xianbei bureaucrats ostensibly found exposing their ancestors' history to the public to be offensive and inappropriate. Thus, Cui Hao was accused of defaming the state and thus sentenced to death in 450. Along with Cui Hao, his whole clan, his wives' clans, and 128 officials who had participated in the editing work were all sentenced to death.

Sui dynasty (581–618)

In 609, Xue Daoheng, the grandfather of Xue Yuanchao, was sentenced to death by Emperor Yang of Sui dynasty. In response to Emperor Yang's attempt to keep Xue from retiring, Xue wrote an essay praising the previous Emperor Wen. Emperor Yang considered this response as a mockery and found it offensive. The direct cause of Xue's death was his saying in reminiscence of Gao Jiong, who supported Emperor Yang's competitor and was sentenced to death. However, there is also evidence for that the underlying cause of his death was Emperor Yang's jealousy of his talent on poetry as the author of the famous poem "Xi Xi Yan" from the Sui dynasty. In this case, Xue's death could also be considered as a literary inquisition on poetry.

Tang dynasty (618–907)

During the Tang dynasty, the Jizhou criminal Liu Shaolüe was married to a woman surnamed Wang. She secretly had copies of the Sanhuangjing, which Li Shimin ordered to be burned. As a result, Li Shimin detained Liu and Wang and interrogated them. The Sanhuangjing claimed that those who chanted the inscriptions inside it would become emperor of China. In another case near the end of the Tang dynasty, someone presented a poem to Qian Liu that contained treason, so Qian Liu executed that person.

Song dynasty (960–1279)

The Song dynasty marked the rise of literary inquisition both in its number of cases and in its use. During the Song dynasty, the number of literary inquisition cases reached over one hundred. The concept of literary inquisition started to take formal shape in this time period. Unlike isolated cases in previous dynasties, literary inquisition in the Song dynasty became a tool in political struggles, consciously and purposefully used by opposing political parties to suppress and eliminate opponents. However, because the founding emperor of the Song dynasty, Emperor Taizu, vowed to not kill any scholar or intellectuals who wrote to comment or address on political issues, intellectuals involved in literary inquisition in the Song dynasty were often exiled instead of sentenced to death.

Wang Anshi case

In 1079, the poet Su Shi of the Song dynasty was jailed for several months and later exiled by the Emperor Shenzong due to an accusation of writing and disseminating poems alleged to slander the court. This case was also related to the political context at that time. The state was undergoing socioeconomic reforms, the New Policies, led by Chancellor Wang Anshi. Su Shi, a conservative at the time, had however expressed his disagreement with certain practices of this reform. Such action triggered the anger of people in support of the reform, which included several persons from the Censorate responsible for surveilling officials and fact-finding in the case of legal procedure. One of the censorates, Li Ding, initiated the case by writing to the Emperor and accusing Su Shi for defamation. Under his effort, the Censorate pointed out more than 60 spots of evidence across more than 10 of Su Shi's poems and identified more than 20 people who have communicated with Su Shi through writings.

Liu Zhi case

During the reign of Zhao Xu, Liu Zhi was impeached and demoted for some of his letters.

Huang Tingjian case

During the reign of Zhao Ji, Huang Tingjian was demoted for slander.

Yue Fei case

The Southern Song, especially during Qin Hui's tenure as the Chancellor, marked the rise of extensive and systematic use of literary inquisition for political purposes. In face of invasion from the Jurchen Jin dynasty in the northern part of China, the debate in the court was between the "pro-war party" led by Yue Fei and the "anti-war party" advocating peace treaties with Jin. As the leader of the "anti-war party", Qin Hui used literary inquisition as a tool to intimidate or eliminate his political opponents in order to reach political conformity on the threat of Jin invasion. Qin Hui specifically targeted the leading figures of the "pro-war party", Zhao Ding, Hu Quan and Li Guang. In 1138, in response to Jin's humiliating terms in their peace negotiation that would render Song a subservient state, both Zhao Ding and Hu Quan expressed strong objections. As a result, Zhao Ding was removed by Qin Hui from his position as Great Councilor in the fall of 1138. He was later exiled to modern-day Hainan where he committed suicide in 1147 when Qin Hui took action against his writing declaring again his determination against peace negotiation with Jin. Meanwhile, Hu Quan wrote in his memorial in 1138 that accepting these terms would be " the Empire of Your ancestors and it into the Empire of these dog barbarians". While these phrases spoke out for the public sentiment toward the peace negotiation, Qin Hui took it as rebellious and called for severe punishment of Hu as an example to stop other officials from doing the same. Therefore, Hu was dismissed from office, exiled to Zhaochou and forbidden from reinstatement.
Li Guang was also punished for his outspoken criticism of Qin Hui being a traitor. Qin Hui thus accused Li of resentment and ill will, and exiled him to today's Guangxi province in 1141. In 1150, he was further exiled to Hainan because of his attempt to compose a "private history", which was forbidden and alleged slanderous by the Emperor and Qin Hui due to their fear of potential negative record of their doings. Li Guang's case involved several other officials associated to him. One of them was Wu Yuanmei, who was demoted as a result of Li's case. He then wrote "Tale of Two Sons of Xia" expressing his feelings toward his current situation. In this writing, Wu used words "Xia" and "Shang", which could be seasons as well as dynasties, and thus could be interpreted as the change of seasons from summer to autumn or the decay of dynasty. Wu also mentioned "flies and mosquitos", which were insects active in the season yet also often served as allegory with despicable person in Chinese culture. Therefore, these words provided evidence for Qin Hui to accuse him of defamation and further exiled Hu to today's Guangdong province, where Hu died.

Ming dynasty (1368–1644)

The literary persecutions during the Ming dynasty were some of the most severe persecutions in Chinese history. The Ming was notorious for their vast executions and extensive literary purges, sometimes executing tens or hundreds of thousands of people at a time. Before he became emperor, Zhu Yuanzhang, the Ming dynasty's founder, was illiterate and had been a beggar. While he established his empire, he surrounded himself with scholars, while he learned to read and familiarize himself with history. He sent out requests to scholars for their presence, but some declined for fear of being executed if they made a mistake. On occasion the emperor, who was learning to read, would order the execution of someone who had written something he misunderstood.