Myths and Legends of China by E. T. C. (Edward Theodore Chalmers) Werner
page 22 of 431 (05%)
page 22 of 431 (05%)
|
on a modern basis.
In 1912, on the overthrow of the Manchu monarchy, China became a republic, with an elected President, and a Parliament consisting of a Senate and House of Representatives. The various government departments were reorganized on Western lines, and a large number of new offices instituted. Up to the present year the Law of the Constitution, owing to political dissension between the North and the South, has not been put into force. Laws Chinese law, like primitive law generally, was not instituted in order to ensure justice between man and man; its object was to enforce subordination of the ruled to the ruler. The laws were punitive and vindictive rather than reformatory or remedial, criminal rather than civil. Punishments were cruel: branding, cutting off the nose, the legs at the knees, castration, and death, the latter not necessarily, or indeed ordinarily, for taking life. They included in some cases punishment of the family, the clan, and the neighbours of the offender. The _lex talionis_ was in full force. Nevertheless, in spite of the harsh nature of the punishments, possibly adapted, more or less, to a harsh state of society, though the "proper end of punishments"--to "make an end of punishing"--was missed, the Chinese evolved a series of excellent legal codes. This series began with the revision of King Mu's _Punishments_ in 950 B.C., the first regular code being issued in 650 B.C., and ended with the well-known _Ta Ch'ing lü li_ (_Laws and Statutes of the Great Ch'ing Dynasty_), |
|