The Grecian Thebes, of which Sophocles wrote, was notorious for its
torture of suspected criminals, and Herodotus relates that the ancient
Medes exercised similar practises. The “third degree” is outrageously
developed in China as in no other country, the law requiring
confessions in every case before penalty is inflicted. “_More Sinico_”,
the pepper is rubbed in the eyes, and the confession is forced out
of whomsoever is made the victim. Crimes are often “planted”, and
blackmail of the weaker by the stronger runs riot. The laws themselves
have been noted for their conciseness and simplicity, the number of
volumes signifying little as the Chinese ideograph-text is expansive.
“It is prohibited to murder”; “It is prohibited to trespass”, etc.
There is imperfect codification of precedents and decisions, so that
the prisoner must rely on himself (or on money!) to explain that the
homicide was in self-defense; the trespass to escape from a mad dog.
The spirit is always above the letter; it alone makes perfect law
possible. Where there is a will to do right, right generally prevails,
and it may be said that many of the Chinese judges try to do right,
get at the truth, and give a common-sense judgment, for they are not
iron-bound as the Occident is under appeal, precedent, quibble and
evasion; the letter above the spirit. If the case is an action within
a clan, the “hsiang lao” (old man of the village) generally assists
the judge in getting at the truth. If the action is between two clans
of two villages, or between competing guilds, God help the judges in
sifting the truth from the lies! Such situations arouse the sympathy
of disinterested foreigners for Chinese judges. Sometimes the native
is not at fault, as the Chinese viceroys and Foreign Boards have often
complained that some of the Romanists and one legation have interfered
to a greater or lesser degree when a nominal Christian, who had a suit
at law, was trying to evade justice by enrolling himself as a “rice
Christian”.
Public-domain text, read in full here on John Shaqi.
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