Lion and Dragon in Northern ChinaJohnston, Reginald Fleming, Sir
History
Lion and Dragon in Northern China
Johnston, Reginald Fleming, Sir
Weihai (China) -- History; Weihai (China) -- Social life and customs
The entire absence of both branches of the legal profession is perhaps
(be it said without disrespect to the majesty of the law) a matter on
which the people of Weihaiwei are to be congratulated, for it enables
them to enjoy their favourite pastime of litigation at a minimum of
cost. The cheapness of litigation in Weihaiwei is indeed in the eyes
of many of the people one of the most attractive features of British
rule: though, if only they could be brought to realise the fact, it is
also one of the most dangerous, for it tends to diminish the authority
of village elders and clan-patriarchs and so to weaken the whole social
structure upon which village life in China is based. The people have
discovered that even their most trifling disputes are more easily,
quickly and cheaply settled by going to law than by resorting to the
traditional Chinese plan of invoking the assistance of "peace-talkers";
for these peace-talkers are usually elderly relatives, village headmen
or friendly neighbours, who must at least be hospitably entertained,
during their lengthy deliberations, with pork and vegetables and sundry
pots of wine, whereas the British magistrate is understood to hanker
after no such delicacies. Thus while the people recognise, with more
or less gratitude, the purity of the British courts and the readiness
of the officials to listen to all complaints, some of the wiser among
them contemplate with some anxiety a system which is almost necessarily
productive of excessive litigation and of protracted family feuds.
There can be no part of the British Empire where litigation costs less
than it does here, and indeed there is probably no part where it costs
so little. There are no court fees, and the magistrate himself not only
takes the place of counsel for both plaintiff and defendant, thereby
saving the parties all legal costs, but also assumes the troublesome
burden of the collection and investigation of evidence.
Public-domain text, read in full here on John Shaqi.
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