The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-21
CHINA'S CODE OF Law
Despite All Peeuliari1H 1t Re
sembles That of Rome.
Punishments Under the Decisions of
Celestial Judges - SOp,c Peculiar
ers in the Empire-POst Mortem
Justice Enacted Upon Offenders.


cut ones body bit by Bit lie. no angry
thought arise, let the mouth speak no i'll
word.-Fo-S ho-Hing Tsan-King.
| So natural has it become to treat every
| thing connected with the Celestial Empire
! as either comic or semi-barbaric that the
| denizen of Pump Court will start and rub
/ his eyes when he hears from the latest
authority that in many respects the CHI
nese penal code is superior to the English
system. Mr.. Alabaster's work comes az a
most refreshing change from the too Otter
dry and dreary pages which the legal re-
viewer is commended to scan from years
end to years end. A book which trans
ports one from the DIusty cioisters OF
statute and case law into an atmosphere
CT quaint customs and breezy anecdote
shot through and through with the golden
threads of even justice, demands a broader
treatment than the heading Law Library
would warrant.
Legal practitioners are few and far be-
tween in China; in fact, it can hardly be
said that there are either counsel or So
| licitors. A semi-Otficial class exists WHO
solve the more difficult forensic problems;
brave set Of men; they qualify for draw
ing up petitions. but the work is fraught
with danger. One poor old fellow of sew
enty got three years transportation for
drawing up five petitions. Advocacy is
equally risky; scholar was sentenced to
two years imprisonment and eighty blows
from the heavy bamboo for trying TO re-
duce a criminals offence from murder to
maGslaughter. Chinese apathy when some
e hpi iS tn
OF the law, which says that persona
must not interfere unless they have IA
right to do so by reason of relationship
The code is an eifectuai check on ju-
diciai and forensic genius. The duties of
/ the judge are confined to determining the
facts and the article of the code they
agree with Thus the sentence is fixed
without variation to begin with, and any
circumstances attenuantes are considered
by the judicial board at Pekin. to whom
the great majority of capital sentences are
referred for revision every autumn. The
list of those who should by right be exc
cuted is then submitted 10 the Emperor.
who DEGREES their fate IL a curious way.
The names are written on large sheet
of paper, those being considered less guilty
being placed near the corners Or the CEN
tire. The Emperor then draws yermilion
circle on the paper and those whose names
are traversed by it are doomed. The rest
go forward to the next list and II they are
lucky enough to escape the red for three
years they are free.
People who growl at having relations
would not survive a week in China. There
{ man is blessed with qualifications of re-
lations in every direction, and when he
wants TO hit his enemy over the head he
has to stop and consider how it will af-
feet the vast army of kindred IL the law
descends upon him. He has at least half
dozen mothers to begin with: there is his
fathers chief wife, the wife who bore him,
the other wives Cif any). the mother who
brought him up, the stepmother the wife
of the relative whose heir he becomes the
mother-in-l and so on. In the five de-
grees OF relationship there can be alto
gether one hundred souls.
Here is a curious instance of the way
the system works in the case OF a parent.
father was bribed to hush up the mur-
der OF son. Another son revealed it. the
father was excused. and the wretched
youth heavily sentenced for bringing his
father into danger of the law. Again, a
woman. tired with reaping. Slipped and
caused her father-in-law to hurt himself.
By special favor she got off with a fine
in lieu OF a bambooing and three years
transportation. 1t is interesting to know
that to kill ones mother-in-law involves
Il
"a possibly wise provision" sententiously
remarks our commentator.
The relation of master and pupil is a
very important one. Thus a Chinese
Suueers may not whaek his scholars to
death. nor is it right to knock clumsy
apprentice over among the pots and pans.
and even a priest may not cast a stone
at staggering disciple. The apprentice
is free at the end OF his term, but the
other two relationships endure unto the
end Of mortal existence; possibly further
since the arm of Chinese law extends into
the land OF shades as We shall see later.
A lunatic may become a great nuisance
to his numerous relatives by involving
them in his vagaries, nor does his irIe-
cponsible condition always help him. II
he browns E.mself IN the sacred waters or
the Palace Lake or the Imperial City
moat, his relatives will catch it, unless
it can be proved that he fell in by acct
dent. Lunacy is no defence, although the
circumstances are carefully considered
and the sentence is mitigated in proper
ton; but the curious effect of relationship
is shown in the following case: y SOP,
trying to prevent a lunatic brother from
beating his father. accidentally killed the
latter. The lunatic suffered the Finger
ing death" (sliced to pieces). and the
Majesty's pleasure Guns kept handy for
burglars may lead to trouble. Ii Yung
Ching mstook his father for night
robber and shot him: result, deeapitation.
Suicides have given rise to most curious
complications. A man ssnt his wife oman
like TO dun an elder brother for a debt.
The work was thoroughly done; falling
with tears and torrential abuse. she passed
on to beating her head against the wall
and charging him with doing it. thence 10
smashing his best china and strangling his
children Thereafter entered friends of
the brother, who continued the IL C IS by
cooking and eating his goldfish and wash
ing them down with his solitary Jar of
wine Whereat the debtor went forth and
hanged himself. and the brother. being
held responsible, was sentenced to stran-
gulatiou The wife escaped with a fine.
but the friends paid 200 blows apiece for
their impromptu meal.
A thief who hid under q lsdys couch
to avoid pursuit SO frightened the occu-
pant that she, promptly killed herself. for
which the thief was transported for three
years. The lady, as a reward for her
nobility OF mind, received a posthumous
tablet. II a wife assists her husband TO
cut his throat. the law will send her after
him without delay: and the unwary scion |
who is even hoodwinked into helping the !
dread mother-in-law to end her days will |
incur the extreme penalty of siicin2 to |
pieces. "A life for life Is a stern prin- !
ciple in Chinese law, and II father MUIR
ders whole family his innocent children |
may have TO suffer. In grave cases of |
treason male relations are either decapl- |
tated or mutilated to prevent continuance |
of the family.
1t is interesting to learn that biting to