Books and articles that have thrown light on this dark question include
those of Wu Ting Fang, once minister to America; Mr. Jernigan’s _China
in Law_; Sir G. T. Staunton’s _Penal Code_; Sir C. Alabaster’s _Chinese
Criminal and Property Law_; Parker’s _Chinese Family Law_; Mayer’s
_Chinese Government_; lengthy notes in the _Middle Kingdom_, by the
learned American, S. Wells Williams; Dyer Ball’s _Things Chinese_;
Professor Giles’ _Historic China_; Sir Henry Maine’s commentaries; and
the old _Chinese Repository_. The Hebrew penal code, _Leviticus_, is
antedated by the Chinese penal code of Shun’s reign nearly a thousand
years. It can not compare, of course, in extent or in lofty principle
with the Levitican code. Brutal punishments, such as branding,
amputation of members, linchee, bambooing and torture made these early
reigns so peaceful that it is said “money lost on the road would be
left there until the owner returned to find it”. The truth probably
is that this referred to the prince’s money, and that if injustice
was done the common man, the inferior serf or slave, by the prince or
the powerful, the weaker had to whistle for his judgment as long then
as he has had to do in subsequent periods of history. Each change of
dynasty brought in a revision of the code, not that it was made more
humane, but that there were necessary items of _lèse majesté_ to add.
For instance, the Manchus required that when the emperor passed at
night, every onlooker (all except the soldiers were kept indoors) was
required to turn _volte-face_ on pain of death. There was no procedure
for revoking a statute. The judge could unexpectedly spring on the
victim some precedent or law that was followed in the “year one”, and
the prisoner could plead in vain that another law of the “year two”
gave him a better chance. In other words, the mandarin practically said
with one of Louis Fourteenth’s judges, to litigants: “_La loi, c’est
moi_”, and he interpreted the code as he wished! United protest to the
Peking censors, mobbing and refusal to pay taxes were in reality the
only reprisals that the people could exert against the exactions of an
unjust judge. Confucius, in rendering service as a ruler in two states,
interpreted codes. One of the states, the Tsin (B. C. 246), shortly
after Confucius, put in effect the Li Kwai code in six books. Codes of
the following important dynasties exist: Han, Tsin, Tang, Sung, Yuan,
Ming and Tsing (Manchu).
Public-domain text, read in full here on John Shaqi.
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