Wang Hua-lung. 50 Wu Erh-tzu

Wang, Mrs, née Li . 157 | Wu Kuo-chên.

163 Yang Wên-wan 309

INTRODUCTION

§ 1. The first indication of Law to be found First indication of Law. in Chinese tradition is the institution of marriage attributed to Fu Hsi B. C. 2852. Previous to that time temporary unions appear to have been the rule, and neither did the father know his sons, nor the sons their father. From this date, however, some order appears to have been introduced, and the nation as it then existed being divided into various clans, the law prescribed that unions should not take place between members of the same clan.

And so, stage by stage, from the remote Progression. period of Yao, Shun, and Yü, through the progressive periods of the Han, T'ang, Yüan (Mongol), and Ming dynasties, until the present Manchu rulers, as cases arose a remedy was applied and recorded, until the law has grown,

Attempts at codification.

gradually crystallized, and now after several previous attempts (infra) been systematically arranged in the present Penal Code.

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§ 2. A tendency to codify may be remarked. throughout the whole course of Chinese legal history - a natural effect of the paternal despotism which has throughout all ages been the prevailing form of constitution. As early as Shun (circa B. C. 2317) attempts were made in the direction of the formation of some constant system, but the records relating to this are necessarily scanty and of merely historical interest. Fifteen hundred years later (for centuries in early Chinese history may be lightly omitted) a system was framed by one Li Kuei a system sometimes called the first regular Code of penal laws. This work appears to have been divided into six portions; the first three parts relating to practice, the fourth to the general administration, and the last two consisting of an exposition of offences. Again the celebrated Shih Huang-ti (circa B. C. 221) framed a scheme without any regard to precedent, which only remained in force until the close of the short