"The men are atrocious criminals, and an example "is necessary to stop the continuance of the crime of "which they have been guilty. If these men are "dealt with in the ordinary course, it will take a "year, or perhaps two, before they can be executed. "We cannot legally cut their heads off, so we "confine them, and let them die."

Castration: It is commonly said that this is one of the punishments recognised by Chinese Law; but it is hardly recognised it is countenanced. It is a practice allowed, even ordained, in grave cases of treason, to prevent the continuance of a stiff necked and adulterous generation of traitors. The process is not inflicted on the offender in person, and only on the sons when they attain the age of sixteen, so that if they die before that age, they pass to the other world unmutilated.

UNDUE PUNISHMENT

In this regard distinction is drawn as to the manner in which the undue punishment was inflicted, the effect thereof, and the animus of the officials concerned.

And firstly the question of animus is important,

for if there be no evidence of feeling, and the punishment administered be that provided in the statute, though the victim die, the official who is responsible is only to be reported on, and a nominal punishment inflicted. In the case of Chu Lin-chêngan official was denounced for beating an impertinent tipao to death, and it was by special decree ordered that a nominal punishment only should be inflicted, and that he should be retained in office (H. A. H. L. vol. LX. p. 38).

Where the responsible official parties have been moved by strife or anger or otherwise, the treatment is different. If the heavy bamboo be used instead of the light, but death does not ensue, the presiding magistrate will be liable to 40 blows if death ensues, the magistrate will be liable to 100 blows a sufficient sum to defray the expenses of burial being also forfeited. The attendant actually inflicting the undue punishment will incur, in either case, a degree less than the above penalties. Distinctions are also drawn as to whether bribes have or have not been accepted.

C. E. G.

6

Furthermore, if a punishment be inflicted on a more vulnerable part than that required by law, so as to produce a cutting wound, the person who has inflicted, or who has caused to be inflicted, such unlawful punishment, becomes liable to a penalty two degrees less severe than in the case of similar injuries in affrays between those of equal standing. If death ensues the punishment is increased, and burial expenses forfeited to the family of the deceased. A person, who in such cases inflicts the undue punishment in obedience to orders, will incur a penalty less by one degree than his superior.

This is a prominent feature of the Chinese system. The leniency may arise roughly speaking from three motives, considerations of equity, considerations of political expediency, and considerations of morality or religion. Thus the commutation of punishment prescribed by the Code in the case of various offences (homicide by misadventure, etc. etc.), commutation originating from circonstances attenuantes, etc. etc., in general arises from equitable considerations, and so also do commutations on account of lunacy, delivering

oneself up to justice, etc. The privilege allowed certain classes, arises from considerations of political expediency. The mitigation or commutation or special treatment provided in cases of sex, youth, great age, or a sole representative, arises from moral or religious considerations (though, as time passes, the motive tends to become equitable, rather than purely moral or religious). By religious, it must be understood, is meant the regard paid to the tenets laid down in Chinese philosophy generally, and, especially, the respect which the Chinese attach to seniors, the filial relation and family succession the foundations of their religion, and the fabrics of their government. In addition also to certain fixed and definite reasons for commutation and mitigation, there must likewise be mentioned the Acts of Grace passed from time to time commuting and mitigating penalties: the cause of this, now a regular practice without other motive, was probably originally political expediency to gain popularity.