Case of the Chained Chengdan Zhaoxuan's Wounding in a Fight and Unjust Judgment

Zhaoxuan, originally sentenced to chained chengdan (hard labor with neck fetters), absconded but voluntarily surrendered, receiving a mitigated punishment of na liqie (shaving beard and becoming a bond servant). Subsequently, Zhaoxuan engaged in a fight and wounded someone. The Shu Commandery magistrate adjudicated that the new offense did not warrant additional escalation and kept him as a bond servant. The case was submitted for superior review under the zouxian procedure. The central court reassessed the matter, determining that Zhaoxuan's re-offending after prior leniency merited reinstating and aggravating the original chengdan sentence. The magistrate's failure to properly escalate punishment constituted an "unjust judgment" (buzhi), leading to sanctions against the official.

The Commandant of the Court ruled that Zhaoxuan be sentenced to tattooing (qing) and chengdan labor. The responsible magistrate was found guilty of unjust judgment and punished accordingly.

Whether a convict who re-offends after receiving a reduced sentence for surrender should have the original punishment revived and aggravated; whether the magistrate's refusal to impose a harsher penalty constituted an unjust judgment under Han law.

This case reinforced the principles of proportionality and enhanced penalties for recidivism in early Han jurisprudence. It highlighted the functioning of the judicial review system (zouxian), deterring judicial misconduct by holding officials accountable for erroneous or intentionally lenient sentences, thus promoting uniformity and fairness in the application of the law.