lived dynasty some fifteen years later. It was not, however, until the reign of Kao Tsu of the T'ang dynasty (circa B. C. 206) that a Code worthy of the name was drawn up; and this system, it would seem, was primarily and essentially intended as a mere guide for the convenience of judicial officers, and not for the public at large. It is very questionable whether Yung Lo's Code. a Code in the proper sense existed before Yung Lo of the Ming dynasty (circa A. D. 1403); but during the reign of that prince the wellknown system was framed upon which the present Code has been grafted.

* * * * *

Là Lí.

§ 3. The collection of laws known as the Ta The Ta Ch'ing Ch'ing Lu Li, forms the Code of the present dynasty the Lü being the original Code published when the dynasty was fully established in power and based largely upon the system of Yung Lo (supra), the Li the subsequent statutes enacted from time to time. Many of the Lü are those of the previous dynasty, adopted and re-enacted by the Tartar Princes: others (such, for instance, as those affecting the Tartar

population) date back merely to the commencement of the dynasty. Sir George Staunton has translated the Lü, but as he omits the Li, his work valuable as it is - gives an insight merely into what the Laws of China were two centuries and a half ago, and not what they are at present.

The Code, it may be well to mention, is not, in its essence, a dynastic, but a national institution: moreover the head of the State in legislating afresh and making the Li may not follow the dictates of his own arbitrary will, but, on the contrary, must obey certain general principles well-known to the country at large.

The collection is accompanied by a running commentary, published by Authority, and notes of equal weight explaining the meaning of doubtful phrases. Every five years a fresh and revised edition is published by Authority as few as

possible variations being made.

In deciding cases, the Code furthermore provides that magistrates shall take cognizance of cases which have been referred to Peking for consideration and published by the Judiciary Board thereunder the name of ch'en an for the guidance

of the Provincial Authorities

which decisions

are destined to be eventually embodied in the supplementary laws, but are given effect to before being actually so embodied.

The laws are divided into six divisions, corresponding to the six Boards at Peking, and they are further supplemented by the Liu Pu Tsê Lii.e. the Rules established by these offices to regulate the practice in regard thereto.

the

The Code is very full in respect of that portion of the Criminal Law touching offences against the Person, but singularly meagre with regard to Commercial Law, which practically seems to be left to the regulation of the local guilds latter bodies determining between themselves all questions of contract, insolvency etc., according to the prevailing rule or custom of the trade they represent.

between Lü

and Li.

§ 4. The distinction between the Li and Distinction the Li seems to need some further explanation. The Li, then, are the fundamental Laws which never change: the Li, the special Statutes

supplementary to the original Code, which modify the legal treatment originally specified, and which are themselves subject to constant additions and a decennial revision. No Lü are made, but where it is found necessary to provide for some unforeseen contingency a Li is established. Thus, at one period it was desired to stop the export of silver; and accordingly, in the first instance a Li was made, declaring the export of silver, like that of gold, iron, sulphur, etc., to be contraband; subsequently it was declared that, inasmuch as merchants evaded the law by melting down their rough sycee and recasting the metal into dollars, the coinage of dollars was an offence against the contraband regulations. The result was in short attained by means closely resembling a fiction, for it was impossible to forbid the export, the law declaring it lawful to pay for foreign goods either in sycee or in dollars.

Quotations

§ 5. The distinction between the Lü and the thereon. Li is further well shown in the following quotations touching chiefly the Criminal Law.

'The Law never changes, and the Statute 'adapts the Law to the time and circumstances'

查律乃一成不易例則隨時變通 (H. A. H., L. Supp. vol. XIV. p.63).

'As where the Law was originally mild, and the 'Statute renders it the more severe or vice versâ'

故有律本輕而例加重者亦有律本 重而例改輕者(id).

'So, in cases of robbery where in resisting 'arrest the thieves kill or wound anyone, by 'the Law no distinction is made between principal 'and accessory, and the sentence is in every ‘case decapitation subject to revision’即如 竊盜臨時拒捕及殺傷人按律均應 不分首從問擬斬候(id.).

'But the Statutes (herein) distinguish between the one 'who kills and the one who wounds - the former the

‘principal, the latter an accessory and furthermore 'in cases of wounding, between injuries from cutting 'instruments, and blows, hacks, etc., specifying different penalties for each’而例內則將 殺人傷人為首為從及傷之或金刀 或手足他物之處分別等差科斷(id).