China -- Social life and customs; National characteristics, Chinese
One would imagine that these beautiful and choice epitomes of all the
virtues would have made the Chinese a highly moral and virtuous people,
but they have not done so. The exquisite sentences that give you a thrill
as you read them for the first time, stare down upon the inmates and upon
the passers-by without the remotest apparent effect upon any one. The
opium-hued runner, and the mandarin whose sole aim is to enrich himself,
pass in and out of the Yamen with sentences that extol righteousness and
benevolences as the highest virtues, but the Yamen remains unchanged, and
continues to be the abode of the greatest villainies. It is an undoubted
fact that it has the worst reputation for roguery and cheating and
chicanery, and the violation of all justice, of any other place throughout
the kingdom.
This is no new development of modern times, but has been in existence from
ages immemorial.[4] It is not, moreover, the result of any class
legislation, for all the mandarins spring from the masses, and therefore
all their vices and defects are inherited from them. There needs a
renovation of the whole social fabric to make men honest in life, and to
cause them to refrain from the practice of things that would never be
tolerated in the common life of the Englishman of to-day. The methods of
judicial procedure in China are entirely different from those in the West.
There is no jury, no summoning and questioning of witnesses, and no
lawyers to defend their clients or to expound the law, so as to deliver
them from any penalties they might have incurred. Everything is left in
the hands of the judge, who takes whatever view may seem to him to be the
best in the case, and to decide without any reference to law books or
statutes or to legal precedents.
A case, for example, is going to be tried. A man is accused of robbing a
grave, one of the most heinous crimes of which a Chinaman can be guilty.
As it is one of the axioms of Chinese law that an accused person is
assumed to be guilty, he is brought in forcibly and with brutal roughness
by some of the runners, wildly declaring that he is absolutely guiltless
of the offence with which he is charged.
Public-domain text, read in full here on John Shaqi.
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