52 SURGEON-GENERAL C. A. GORDON, M.D., C.B., Q.H.P., ETC., 



its reasonableness, clearness, and consistency, for its business- 

 like brevity, the directness of its provisions, and for the 

 moderation of the language in which they are expressed. 

 In spirit the law does not countenance some of the customs 

 that disgrace humanity in China, notably infanticide, where 

 that crime exists; neither does it countenance the atrocities of 

 which, at various periods of history, governors and princes 

 have been guilty. 



There is no public ministry connected with the state tribu- 

 nals, nor are lawyers employed, as among western nations, 

 except in cases of murder. The plaintiffs or defendants state 

 their own cases, or cause them to be explained by others, and 

 the magistrate, assisted by two assessors, pronounces an equit- 

 able judgment ; the decisions are public and the audience is 

 said to be occasionally consulted.* In the more ordinary 

 cases complaints are adjudicated by the families of those 

 concerned, only the graver ones come before magistrates. 



It is argued in China that men cannot properly be punished 

 for what they do not know ; also that they will be less liable 

 to incur penalty if they are duly made acquainted with the 

 prohibitioui Accordingly, the sixteen discourses already 

 referred to as " the Sacred Edict *' are periodically read to the 

 people. This is what has been called preventive justice, in 

 contradistinction to punitive justice. 



Histoi'ialis observe the remarkable fact that the following 

 maxim by the Chinese is often quoted by themselves, 

 namely, that " to violate the law is the same crime in the 

 emperor as in a subject." In the administration of the 

 law the principle is held that " it is better to let even the 

 guilty escape than to punish the innocent." 



By an ancient custom of the empire, specially appointed 

 Censors are privileged to present any advice or recommend- 

 ation to the sovereign. But in practice punishment has been 

 awarded them wdien their advice was unpalatable to the 

 ruler. The persons so appointed seem to be altogether in a 

 ditlerent position from that of Ministers of State. 



Punishments. 



Among the Chinese the punishment attached to the 

 greater crimes is death. For those of less atrocity they 

 are of various degrees of severity, but all exceeding 



* That is, it becomes collectively a jury if so consulted. But on this 

 point statemt uts differ. 



