THE CRIMINAL CODE OF CHINA.
By Albert Swindlehurst.
IT has been well said that the criminal code of a nation forms the true index of its civilization, and the Ta-Tsing-Leu-Lee, or Chinese Code, is a notable illustration of this fact. Each one of its 2095 octavo pages bears impress of the peculiar character and genius of the people.
The Chinese always talk of their Code with pride, but most of its provisions, when viewed from a Western standpoint, appear cruel and barbarous in the extreme. Torture is freely made use of to obtain evidence, and we look in vain for those excellent principles of Anglo-Saxon justice by which every man is presumed innocent until he is proven guilty, and no man is required to incriminate himself.
The growth of a spirit of equality and freedom, upon which all true justice is based, is prevented by the division of the people into privileged and non-privileged classes, and the respect required to be shown towards government officials and per sons of rank.
Amidst so much that is repugnant to our civilization, the enforcement of filial duty and respect, and the consideration and lenity shown to old age, are worthy the greatest admiration.
The first regular code of Chinese penal laws, Lee-Tuee-Fa-King, was put in force under the dynasty of Tsin, which succeeded to the throne of China, В. С. 249, and enlargements and alterations took place under the several dynasties of Han, Wee, Tsin, Tse, Swee, Tang, Sung, Yuen, and Ming, until, in 1647, Emperor Shun Chee, the first of the Tartar dynasty of Tsing, now reigning, conquered the Chinese Empire, and promulgated the Code which is at present observed.
Each emperor, on his accession, issues a prefatory edict, stating the amendments to the Code which will be acted upon during his reign; the custom bearing a striking similarity to that adopted by the Roman praetors with reference to the Jus Honorarium.
From the earliest of the edicts issued by the present dynasty we gather that the chief ends proposed to be gained by the adoption of a fixed code of penal laws were to "secure uniformity of punishment throughout the empire; to guard against violence and injury; to repress inordinate desires, and to preserve the peace and tranquillity of an honest and unoffending community."
To bring about these ends the Code contains articles and tables which, in their complexity, are like so many mathematical problems; it being necessary to take into consideration, not only the nature and degree of the crime and particular circumstances of the case, but also the social class, age, and physical condition of the offender.
The severity of the law is always relaxed in favor of the privileged classes, of which there are eight, viz.: The privilege of the Imperial blood and connections; of long service; of illustrious actions; of extraordinary wisdom; of great abilities; of zeal and assiduity; of nobility and of birth. The fathers, mothers, paternal grandfather or grandmother, wife, son or grandson of any person belonging to one of these eight classes are also privileged.
Almost all penalties may be commuted on payment of a money indemnity, and the law is further mitigated by the granting of indulgences to offenders disabled by the loss of an eye or limb, or who are the sole sup-
