China -- Social life and customs; Chinese language; Chinese literature; Taoism
Dressed in the grey sackcloth garb of a mourner, the injured party,
accompanied by as many friends as he or she can collect together, will
proceed to the public residence of the offending mandarin, and there
howl and be otherwise objectionable, day and night, until some relief is
given. The populace is invariably on the side of the wronged person; and
if the wrong is deep, or the delay in righting it too long, there is
always great risk of an outbreak, with the usual scene of house-wrecking
and general violence.
It may now well be asked, how justice can ever be administered under
such circumstances, which seem enough to paralyse authority in the
presence of any evil-doer who can bring up his friends to the rescue.
To begin with, there is in China, certainly at all great centres, a
large criminal population without friends,—men who have fallen from
their high estate through inveterate gambling, indulgence in
opium-smoking, or more rarely alcohol. No one raises a finger to protect
these from the utmost vengeance of the law.
Then again, the Chinese, just as they tax themselves, so do they
administer justice to themselves. Trade disputes, petty and great alike,
are never carried into court, there being no recognised civil law in
China beyond custom; they are settled by the guilds or trades-unions,
as a rule to the satisfaction of all parties. Many criminal cases are
equally settled out of court, and the offender is punished by agreement
of the clan-elders or heads of families, and nothing is said; for
compounding a felony is not a crime, but a virtue, in the eyes of the
Chinese, who look on all litigation with aversion and contempt.
In the case of murder, however, and some forms of manslaughter, the
ingrained conviction that a life should always be given for a life often
outweighs any money value that could be offered, and the majesty of the
law is upheld at any sacrifice.
It is not uncommon for an accused person to challenge his accuser to a
kind of trial by ordeal, at the local temple.
Kneeling before the altar, at midnight, in the presence of a crowd of
witnesses, the accused man will solemnly burn a sheet of paper, on which
he has written, or caused to be written, an oath, totally denying his
guilt, and calling upon the gods to strike him dead upon the spot, or
his accuser, if either one is deviating in the slightest degree from the
actual truth.
This is indeed a severe ordeal to a superstitious people, whatever it
may seem to us. Even the mandarins avail themselves of similar devices
in cases where they are unable to clear up a mystery in the ordinary
way.
Public-domain text, read in full here on John Shaqi.
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