Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to CantonBarrow, John, Sir
History
Travels in China, Containing Descriptions, Observations, and Comparisons, Made and Collected in the Course of a Short Residence at the Imperial Palace of Yuen-Min-Yuen, and on a Subsequent Journey through the Country from Pekin to Canton
Barrow, John, Sir
China -- Description and travel
In most causes, except those of high treason, it may be presumed, the
high tribunal of Pekin will act with strict impartiality. And it is
greatly to be lamented, that all civil causes have not been made subject
to a similar revision as those of a criminal nature, which would strike
at the root of an evil that is most grievously felt in China, where the
officers of justice are known, in most cases, to be corrupted by
bribery. They have, however, wisely separated the office of judge from
that of the legislator. The former, having found the fact, has only to
refer to the code of laws, in which he is supplied with a scale of
crimes and their punishments. Such a mode of distributing justice is not
however without its inconveniences. Tender as the government has shewn
itself, where the life of a subject is concerned, having once
established the proportion of punishment to the offence it has supposed
an appeal, in civil causes and misdemeanors, to be unnecessary. The
sentence in such causes being thus left in the breast of a single judge,
how great soever may be the nicety by which the penalty is adapted to
the offence, the exclusion from appeal is in itself a bar to the just
and impartial administration of the laws. The subject being refused the
benefit of carrying his cause into a higher, and on that account more
likely to be a more impartial, court, has no security against the
caprice, malice, or corruption of his judge.
It may not perhaps be thought unworthy of notice that the legislators of
China, among the various punishments devised for the commission of
crimes, have given the criminal no opportunity, either by labouring at
any of the public works, or in solitary confinement, to make some
reparation for the injury he has committed against society. Confinement
in prison, as a punishment, is not known. Exile or personal
chastisement are decreed for all irregularities not approaching to
capital offences.
Public-domain text, read in full here on John Shaqi.
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