Source:China Tibet news 2015年07月24日 16:18
Laws in force in old Tibet fell into two categories: Buddhist law and the law of the land or the political law.
The Buddhist law refers to commandments for monks and nuns, including the Commandments for Sramanera (novice) and the Commandments for Bhiksu (mendicant).
While the Buddhist law applied to monks and nuns, the law of the land or the political law applied to laymen. Articles of these laws had been in force ever since the Tubo Dynasty, and no significant change had been made for more than 1,000 years. Major ones included the 13-Article Code and the 16-Article Code, which underwent revision during the period of the 5th and the 13th Dalai Lamas. Old Tibet also followed some laws enforced during the Yuan (1271-1368) and the Qing (1644-1911) Dynasties. They covered a wide variety of areas such as criminal activities, punishment, marriage and properties. Some contained stipulations geared to defend the rigidly stratified social system. For insance, it was stipulated in the 13-Article Code and the 16-Article Code that"as people are divided into different classes, the value of a life correspondingly differs." The life of people at the top group of the top class was valued in gold amounting to the weight of their bodies, while the life of people at the lowest group of the lowest class was valued at a strip of straw rope. The law drew a clear demarcation between the rich and the poor and between masters and slaves. For instance, when a servant's opposition to his master led to the latter's serious injury, the former's hand or foot would be cut off; however, the master just had to provide with medical treatment to his servant if he beat and injured his servant. Any offense against the Living Buddha would lead to even more serious punishment. According to the law, it was a criminal act for the slaves to complain loudly about their grievances. The law stipulated that slaves must not "fight the saint and the nobles;" it was downright utrageous for the slaves to "cry out about their grievances towords the royal palace" and "would be arrested and whipped." This contrasts sharply with materials distributed by the Dalai Lama, which claim that the slaves "held legal status" and "could go to the court;" and they enjoyed "the right to file charges against their masters and even bring the case to higher authorities."
In areas under the rule of the feudal lords, the lords enacted and enforced laws according to his own will. His documents, slogans and orders could not be neglected. The law guaranteed the right of the three major lords in Tibet to own land and slaves. In his document issued to the nobles in the Year of Wooden Monkey, the 5th Dalai Lama said: "If you (slaves) seek ease and freedom, I will empower Ziba (accountant) in Lhari to whip you and slain you."
Monasteries and the government enjoyed the same legal power in making legal decisions. When a monk violated the law, how could be punished only by his monastery. He would not be punished by the government according to the law unless he had been expelled out of the monastery. Religion received special protection from the law, and was involved in the implementation of the law. For instance, when a vow had to be made to distinguish right from wrong, a caldron of cooking oil was set in front of the statue of the Buddhist guardians. The law enforcer threw one white and one black cobblestones into the boiling oil for the vowers to fetch with hand. Whoever picked up the white cobblestone was the winner. Obviously, this was a cruet method to distinguish right from wrong.
The law was complete with detailed explanations, and supplemented with regulations concerning punishment and cases already handled. Law breakers were punished in accordance with these explanations and listed cases. Judicial punishment in Tibet was very cruel and primitive People accused of a minor charge would have to be stripped off their trousers irrespective of man or woman, and be whipped on the bottom in the public. For those who were accused of a comparatively serious charge, their eyes would be gouged out; tongue, hands, feet, nose or ear be chopped off; or sinew taken out of their feet. Some would be sent into exile as lifelong slaves in remote places such as Lhunze County. Other atracious punishment included throwing those accused of involvement in revolting or other important crimes into a scorpion cave as a death sentence. Such scorpion caves are found in Namzexag (site of old Lhasa government) and in areas close to Lhasa. In other cases, the accused would be packed up with ox hide except for his head; he then was thrown into the river and drowned.
Professor Li Youyi, a Kuomintang government official stationed in Tibet who later became a famous Tibetanologist, published in 1951 a book entitled "Tibet Today." The book reveals a strange punishment he witnessed in Tibet: "When the Tibetan government had captured an artisan who made and sold false gold articles, he was made to hold a piece of rock and salt in hands. His fists were then tightly wrapped up with ox hide, shackled and exposed to the scorching Sun. Before long, blood came out of his fists wrapped up tightly in ox hide. The painful man fainted from time to time, crying at the top of his voice for help. Three days later, his hands and arms became dried and he man was disabled then."
Ways to punish the accused were too many to list here.