It is hard for a Westerner, with his ideas of an independent court of
justice, to comprehend the system. A lawsuit is not regarded in China
as a thing to be settled simply on its merits. They are only a factor
in the decision. The general desire is that, if all things are equal,
justice shall be done; but together with justice the judge has to
consider the social position of the litigants and their power of
vengeance or of reward. The best analogy to a Chinese lawsuit is an
English election. If you read the speeches and addresses you will
conceive that the whole desire of a candidate engaged in an English
election is that justice should be done, but in practice you soon
discover that the influence of individuals has to be considered as
well. A candidate who always disregards justice is universally
condemned; but a candidate who wilfully offends powerful people, who is
not prepared to give and take, to sacrifice a conviction here, to push
forward a little beyond the line of justice there, is equally unable to
gain the suffrages of the voters; and in China the judge stands in the
same position as the candidate does in England. If he is convinced
that a certain {191} cause is backed by very powerful people who can
secure him a better appointment and a higher salary, or who if angered
might even succeed in getting him dismissed from his post, he decides
the case in that litigant's favour. If, on the other hand, the parties
are about equally matched in influence and power, like the English
candidate he then considers the justice of the case; and therefore the
first thing a litigant does is to try and secure all the influential
support within his reach. Chinese officials told me that they have to
have their cards printed with "for visiting purposes only" written on
them, otherwise they are stolen and used without their knowledge in the
furtherance of some lawsuit, and English Protestant missionaries
confirmed the story.
Though this interference in lawsuits is a universal custom, its extreme
use is peculiar to the Roman Catholics. To attack a Roman Catholic was
to bring the whole strength of his mission, with the diplomacy of
France behind it, against you. It was in furtherance of this policy
that the Roman Catholics were anxious to hold official rank. An
official will not speak to any one below his rank; the missionary finds
access to the Viceroys very difficult; but if the Roman Hierarchy had
this high official rank, the Bishop had only to pay a visit in his
green official chair, when, by the strict etiquette of China, he must
be received with all politeness, and his visit must be returned. To
procure these privileges the Roman Catholics were prepared to sell to
France the large {192} and undoubted influence they had among many
thousands in China. There is a certain poetic justice in the Roman
Catholic Church suffering from the actions of the French Government at
home.
Public-domain text, read in full here on John Shaqi.
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