Myths and Legends of China by E. T. C. (Edward Theodore Chalmers) Werner
page 23 of 431 (05%)
page 23 of 431 (05%)
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issued in A.D. 1647. Of these codes the great exemplar was the _Law
Classic_ drawn up by Li K'uei (_Li K'uei fa ching_), a statesman in the service of the first ruler of the Wei State, in the fourth century B.C. The _Ta Ch'ing lü li_ has been highly praised by competent judges. Originally it sanctioned only two kinds of punishment, death and flogging, but others were in use, and the barbarous _ling ch'ih_, 'lingering death' or 'slicing to pieces,' invented about A.D. 1000 and abolished in 1905, was inflicted for high treason, parricide, on women who killed their husbands, and murderers of three persons of one family. In fact, until some first-hand knowledge of Western systems and procedure was obtained, the vindictive as opposed to the reformatory idea of punishments continued to obtain in China down to quite recent years, and has not yet entirely disappeared. Though the crueller forms of punishment had been legally abolished, they continued to be used in many parts. Having been joint judge at Chinese trials at which, in spite of my protests, prisoners were hung up by their thumbs and made to kneel on chains in order to extort confession (without which no accused person could be punished), I can testify that the true meaning of the "proper end of punishments" had no more entered into the Chinese mind at the close of the monarchical _régime_ than it had 4000 years before. As a result of the reform movement into which China was forced as an alternative to foreign domination toward the end of the Manchu Period, but chiefly owing to the bait held out by Western Powers, that extraterritoriality would be abolished when China had reformed her judicial system, a new Provisional Criminal Code was published. It substituted death by hanging or strangulation for decapitation, and imprisonment for various lengths of time for bambooing. It was adopted in large measure by the Republican _régime_, and is the chief legal |
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