Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-21
PUNISHMENT IN CHIN A
EDICTS ABOLISHING FORMS OF
CRUELTY ONCE PRAcTICED.

The Department of State has recently re-
ceived copies of the imperial edicts issued
In response to a memorial of WI fang
abolishing modifying the more cruel
forms of punishment heretofore prevailing
in China.
One Of these edicts provides as follows:
When our dynasty first came through
the great wall. decapitation was the sever
est form Of punishment used, but in the
reign of Shun-chih C1644-1662 A. d., when
the laws were being revised, following the
longestablished practice OF the Ming dy-
nasty dismemberment and other severe
forms OF punishment were adopted, and al
though these were intended to serve as
warning to the criminal and the stupid,
yet investigation shows that they are not
in harmony with the original intention of
the imperial house to temper justice with
mercy. Now that the laws are being re-
vised. we decree that henceforth the sever
est form of punishment for capital Of
lenses shall be immediate decapitatfon.
The three forms of punishment known as
ACKNOWLEDGMENT exposure of the head.
and 'beheading the corpse, are hereby
abolished forever: The sentences Of dis
memberment and exposure of the head
provided for In the present laws are hereby
changed to immediate decapitati ton
Crimes to be punished by Immediate de-
capitation' under the present laws shall
be punished by immediate strangling.'
shall receive sentence of 'strangling after
the autumn assize. provided the investiga-
ton at the autumn assize shall show the
facts to be as alleged. Sentences to de
capitation after the autumn assize' are
changed to 'strangulation after the au-
tumn assize,' and criminals sentenced to
strangulation after the autumn assize
still to be allowed an investigation at the
said assiZe and to have sentence carried out
or committed, as the facts shall show. AS
to the provisions for the punishment of ac-
CessorieS in crime, while punishment Is still
TO be inflicted according to the circum-
stances of the case, such persons are en-
tire1y relieved from the penalty of brand
ing. which is hereby abolished.
in addition to the foregoing we command
the aforesaid vice president CNu Ting fang)
and those associated with him to carefully
consider what further changes and excl
sions may be necessary and without delay
to suggest modification make selections
from other codes and prepare a code for
the PRONUNCIATION of which they shall ask
an edict. And we earnestly hope that their
deliberations may result in the adjustment
OF the law to present conditions, the avoid
ance of extremes and the adoption of that
which is most suitable, thus fulfilling the
purpose of the court to instruct the people
in their duties by making plain the system
of punishments."
Orders to Provincial Officers.
In another edict the same general SUBJ
ject 1t Is stated:
I'VE constantly hear from the various
provinces that the department and district
iiaStSt titbct VI iouoHiuS
their own caprice employ torture in exam
nation, or get lot of persons implicated
in case and summon them to court but
do not make prompt investigation. allowing
the yamen underlings to confuse the case
that they may fllicitly profit by 1t, i'm
plicating dnnocenD persons whom they de-
tain and Cypress In hundred ways, all of
which practices are most abominable.
Now, since we have approved the regu-
lations submitted in the memorial above
mentioned. let them be published abroad
and let all observe them We repeat the
announcement and warning that our desire
Is to show compassion upon all who are i'm
prisoned that justice shall be shown, and
the sentiments of the people satisfied. Let
all the viceroys and governors concerned
Issue strict orders to their subordinates to
sconscientiously and with due regard to all
the circumstances exert themselves to car
ry this edict into effect and from time to
time to make careful investigation. Should
any be found. who while outwardly observ-
ing, are secretly disobeying the edict. tread
ing the old path of malpractice. let them
be at once fmpeached There must be no
shielding of them nor any attempt to save
their faces. Let each be diigent in seeking
the welfare of the people and give earnest
attention to the settlement Of litigation and
SO fulfil the purpose of the throne to have
compassion upon the iowly and to tighten
their pGnshments. !"
These edicts are accompanied by note
of general explanation of the various forms
OF so-cailed cruel punishments. The pun
ishment called dismemberment" says the
note, Is sometimes called ling chin and
sometimes translated death by siicfng'
and sometimes lingering DEATH" Orig
inally the sentence required the dismena-
berment of the body by twenty-four cuts.
AS has been practiced in modern times
1t consists In tying the offender to cross
or stake and gradually siicing the body be-
yond all recognition. AS Aiabaster says:
1t Is not lingering death. for It is an
over In a few seconds and the coup de
grace is generally given the third cut
The purpose OF such sentence Is not
the torture of the criminal In this world.
but 10 make his fate more dreadful in the
world to come As his body Is unrecoe-
r,igable here, so his spirit will be unrer-
sognizahle In the lower world unless the
fragments of his body can be brought to-
gether again. This form of punishment
has been reserved for such serious crimes
as high treason. parricide and the murder
OF q husband
The punishment referred TO as .'exposure
of the head" Is in full "decapitation with
exposure of the head which Is one degree
more severe than simple decapifatlon In
the latter case the body is delivered to the
relatives who are permitted to have the
head sewn on. so that the deceased may
not wander headiess In the land OF shades
'.Beheadlng the corpse refers to the
practice OF carrying into execution the sem
tence of decapitatfon even IL the con-
In the ease OF sentence to ACKNOWLEDGMENT
the corpse of the criminal has heretofore
been subjected to this greatest fnfiienfty ii
death occurs while awaiting execution, and
in at least one case. where the guilty man