Case Summary
In the 27th year of the Kaiyuan reign of Emperor Xuanzong of Tang (739 AD), a group of commoners from Shanzhou in Longyou Circuit (near present-day Ledu, Qinghai) jointly filed a lawsuit against the prefect of Shanzhou. They accused him of using his official authority to borrow grain from local households under written contracts, then refusing to repay after the agreed deadline, causing severe damage to their livelihoods. The commoners petitioned higher authorities, demanding repayment and punishment of the official. The case drew attention because it involved a chief supervisory official exploiting his position to extract property from subordinates, violating the Tang Code's articles on "a supervisory official borrowing property from those under his supervision" and "failing to repay debts in breach of contract." After verifying the written contracts, the adjudicating official ruled that the prefect must fully repay the grain. Moreover, the prefect was found guilty of corruption by illicit gain, and was subjected to penal measures, including fines and forfeiture of part of his salary.
Status or Result
The hearing official found the facts of the loan and the contracts incontrovertible. The prefect was ordered to return all borrowed grain. Applying the Tang Code articles on "supervisory officials receiving property" and "defaulting on debts," the value of the unpaid grain was calculated as illicit gain, and the prefect was sentenced for corruption. His official salary was partially confiscated, and a formal reprimand was recorded.
Key Disputes
The central disputes were: (1) Whether the prefect, as a supervisory official, could legally borrow grain from people under his jurisdiction, or whether this constituted abuse of power and extortion; (2) Whether the written loan contracts were valid and enforceable under the law on private debt default; (3) How to apply the Tang Code's provisions on "illicit gain constituting corruption" to an official's debt relationship, and whether administrative sanctions should accompany criminal punishment.
Social Impact
The case served as a strong warning that officials must not exploit their positions to compete for profit with commoners, reinforcing the Tang Code's regulation of supervisory borrowing. It became a prominent example of applying the "illicit gain" provisions to curb official economic abuse, influencing subsequent judicial practices regarding official integrity, conflict of interest avoidance, and protection of civilian property rights.
Adapted Novels (1)
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