The herald., 1898-11-13
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LAW COURTS IN CHINA
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For a peaceful people the Chinese appear
to be a most litigious race. The moment
that quarrel begins to become serious, one
or the other of the parties is likely to shout
excitedly: Il will go to the city! is,
to present his formal accusation at the VA
men. The other side threatens the same,
and while in large percentage OF cases out
siders contrive to suppress the immediate
execution of the menace, every one recog-
nzes that the trouble is only temporarily
patched up, and may break out in an ag-
gravated form at any time. II the accusa-
tions presented in Chinese courts were con-
fined to anything like the facts in the case
there would be no case at all for nine-tenths
of them Therefore it is considered indls-
pensable to blend with the real grievances
20 to 90 per cent of fiction. The plaintiff
does this as routine practice. So does the
defendant When the magistrate happens
to feel in good humor he calls up the case,
or quite as likely he does 50 when he is in a
very bad humor, which bodies i'll for one
side, and not infrequently for both. The
first part of Chinese trial is likely to be-
something like the proceedings in one Of our
own courts--a great deal of formaiity, and
an apparent respect for the majesty of the
law, and especially for its representative,
the district magistrate, who is the Chinese
unit of government. But it is not long be-
fore all resemblance to occidental procedure
fades into thin air. There are no lawyers
to protect the clients. If there really is
any law bearing on the case in hand no one
but experts such as the yamen secretaries
know what it is. The magistrate is him
self civil and criminal judge, jury and prac-
ticaHy the appellate court. There is no
manner of restraint upon him in his mode
of asking questions, in the subject of his in
quiries, or in his treatment of the principals
or witnesses.
The greater part of the matter brought
into Chinese lawsuit would be entirely
ruled out of any British court as totally ir
relevant to the main issue. But in Chinese
case there often is no main issue, or issue OF
any kind, except the impatient shout OF the
official, Get out with you!" whereupon all
the parties retire. and not improbably not
one of them has the smallest idea where the
case has now got to.
Neither, perhaps has the magistrate, but
for the time he has had enough of it, and
wants to smoke pipe or two of opium, and
will hear them again when he has more
But before the case has been dismissed
the respective parties have by no means
been idle. Each of them has told falsehoods
enough to shock company prospectus
maker, and as each l,arty delivers himself
of these fabrications the other finds it i'm
possible to restrain himself and hoarsely
bawls, THAT is a lie!" To this it is neces
sary to reply, which is done with volubil
ity greatly in contrast to the quiet of the
preliminary stages, when each replied in a
few monosyllables only From ejaculatory
Interruptions giving the other party the lie
it is but stage to angry colloques of some
length in which each party struggles to be
heard. each reviles the other vociferously
and neither party is interrupted or reproved
by the magistrate. who is now engaged in
the process of making up his mind on the
basis of what he sees and hears as to which
side has the most of Ii, or reason. In the
worst stages of case it often hoppens that
the magistrate himself does the reviling, and
Chinese human nature being what it is. il
| also sometimes occurs that the worstet
party in the suit reviles the magistrate. al
though this is rash. for he may beat then
severely for so doing. and then decide tho
case against them.-North China Herald