img The Civilization of China  /  Chapter 2 LAW AND GOVERNMENT | 16.67%
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Chapter 2 LAW AND GOVERNMENT

Word Count: 3609    |    Released on: 28/11/2017

hells were adopted as a medium of exchange, and then pieces of stamped silk, linen, and deerskin. These were followed by circular discs of copper, pierced with a rou

of these were beautifully finished, and even inlaid with gold. Early in the ninth century, bills of exchange came into use; and from the middle of the twelve

nd which is the unit of weight, and not the lower denomination. The word which for more than twenty centuries signified "pound" to the Chinese, was originally the rude picture of an axe-head; and there is no doubt that axe-heads, being all of the same size, were used in weighing commodities, and were subsequently split, for convenience's sake, into sixteen equal parts, each about one-third heavier than the English ounce. For measures of capacity, we must revert to t

Christian era, a system of government was inaugurated which has proceeded, so fa

a small conveyancing fee to the local authorities who stamp the deeds. Thus, the foreign concessions or settlements in China were not sold or parted with in any way by the Chinese; they were "leased in perpetuity" so long as the ground-rent is paid, and remain for all municipal and such purposes under the uncontrolled adminis

be levied, or to introduce new charges of any kind, unless duly authorized by the people themselves, would be at once sternly resisted. As a matter of fact, the authorities never run any such risks. It is customary, when absolutely necessary, and possibly desirable, to increase old or to introduce new levies, for the local authorities to invite the leading merchants and others concerned to a private conference; and only when there is a general consent of all parties do the offi

ration. The philosopher, Mencius (372-289 B.C.), placed the people first, the gods second, and the sovereign third, in the scale of national importance; and this classification has sunk deep into the minds of the Chinese

roduced to replace a much harsher code which had been in operation under the Ming dynasty, and contains the nominally immutable laws of the empire, with such modifications and restrictions as have been authorized from time to time by Imperial edict. Still farther back in Chinese history, we come upon punishments of ruthless cruelty, such as might be expected to prevail in times of lesser culture and refinement. Two thousand y

alled "lingering death," according to which first one arm is chopped off, then the other; the two legs follow in the same way; two slits are made on the breast, and the heart is torn out; decapitation finishes the proceedings. It is worthy of note that, although many foreigners have been present from time to time at public executions, occasionally when the "lingering death" has been announced, not one has established it as a fact beyond a doubt that such a process has ever been carried out. Not only that; it is also well known that condemned criminals are allowed to purchase of themselv

e punished only to the extent of the principal charge. Neither are the near relatives, nor even the servants, of a guilty man, punishable for concealing his crime and assisting him to escape. Immense allowances are made for the weakness of human nature, in all of which may be detected the tempering doctrines of the great Sage. A feudal baron was boasting to Confucius that in his part of the country the people were so upright that a son would give evidence against a father who had stolen a sheep. "With us," replied Confucius,

nty-seven months; neither may musical instruments be played by near relatives of the dead. During the same period, no mandarin may hold office, but must retire into private life; though the observance of this rule is often di

marriage among the official classes, a term which is reduced to one hundred days for the public at large. The theatres are supposed to remain closed for a year, but in practice they shut only for one hundred days. Even thus g

ship-not to mention the impossibility of enforcing the law-if intermarriages of the kind were prohibited. Consequently, they are allowed, but only if the contracting parties are so distantly related that, according to the legal table of affinity, they would not wear mourning for one another in case of death-in other words, not related at all. The line of descent is now traced through the males, but there is

ry burial in his native district. The idea is that with the aid of fire immediate communication is set up with the spirit-world, and that the spirit of the deceased is thus enabled to reach his native place, which would

riest is placed in a chair, his chin supported by a crutch, and then put into a wooden box, which on the appointed day is carried in procession, with streaming banners, through the monastery, and out into the cremation-ground attached, his brother priests chanting all the while that portion of the Buddhist liturgies set apart as the service for the dead, but which being in Pali, not a single one of them can understand. There have, of course, been many highly educated priests at one time and another during the long reign of Buddhism in China; but it is safe

inently practical people, understand that certain cases admit of no delay; and to prevent the inevitable lynching of such criminals as kidnappers, rebels, and others, caught red-handed, high officials are entrusted with the p

aught-his punishment is short and sharp. Litigation is not encouraged, even by such facilities as ought to be given to persons suffering wrongs; there is no bar, or legal profession, and persons who assist plaintiffs or defendants in the conduct of cases, are treated with scant courtesy by the presiding magistrate and are lucky if they get off with nothing worse. The majority of commercial cases come before the guilds, and are settled without reference to the

imself in the same sense, and again hands up the balance to his superior officer. When the viceroy of a province is reached, he too keeps what he dares, sending up to the Imperial exchequer in Peking just enough to satisfy the powers above him. There is thus a continual check by the higher grade upon the lower, but no check on such extortion as might be practised upon the tax-payer. The tax-payer sees to that himself. Speaking generally, it may be said that this system, in spite of its unsatisfactory character, works fairly well. Few officials overstep the limits whi

lways been left to the casual philanthropy of wealthy individuals, who take these opportunities of satisfying public opinion in regard to the obligations of the rich towards the poor. Consequently, Chinese cities are left without efficient lighting, draining, or scavengering; and it is astonishing how good the health of the people living under these conditions can be

nt, the matter is at an end. In China, all the injured party has to do is to point out the village-or, if a town, the ward-in which he was assaulted. Then the headman of such town or ward is summoned before the authorities and fined, proportionately t

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