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Some Problems of Chinese Law in Operation Today

Published online by Cambridge University Press:  23 March 2011

Francis L. K. Hsu
Affiliation:
National Yunnan University, China
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Extract

It is easy to follow some of the popular misconceptions current in certain quarters of the western public and say or write something in the nature of the following:

In practice … the law is never invoked, and not being called upon to act, the officials take no steps, even when the facts are well known, the subject of gossip on all sides, and the offender and his would-be bride living at hand within easy reach. No one wants the law and its officers poking their noses into private business. … If manslaughter was done, a reluctant government would be forced to take action, but it is fairly plain that no one expects this to happen. Thus in civil disputes, and even in criminal cases where the motive is not robbery or banditry, the government remains passive and the law is allowed to slumber. The Chinese government, whatever the theory of the reformers, is in practice still actuated by the Taoist principle of “non-action,” preferring to leave the people to govern themselves which they do very well, and which is all they ask.

Type
Articles
Copyright
Copyright © The Association for Asian Studies, Inc. 1944

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References

1 Fitzgerald, C. P., The lower of Five Glories, 1941, pp. 77–8.Google Scholar

2 Ibid., pp. 76–80.

3 In contrast to this article the spirit of the law towards crimes involving “serious injury” is totally different. “Serious injuries” are: “Disability of one or both eyes; of one or both ears; of the faculties of speech or smell; of the functions of one or more limbs; of the function of reproduction; and other injuries which are incurable or difficult to cure, and have severe effects on health” (Legal Code, Vol. 1, Chapter One, Article 10). Crimes involving one of these injuries will be prosecuted without action on the part of the victim.

4 See Fitzgerald, , op. cit., p. 77Google Scholar and p. 80.

5 Information concerning this and several of the cases which follow was obtained through interviews with prisoners and judges by Mr. James C. S. Yang, one of the author's students at Hwa Chung College.