During the first five years (1906-1910) of the new method, by which candidates for the civil service were required, in addition to Chinese classics, to have a knowledge of western science, great efforts were made in several provinces to train up Bribery and torture. a better class of public official. The old system of administration had many theoretical excellencies, and there had been notable instances of upright administration, but the regulation which forbade a mandarin to hold any office for more than three years made it the selfish interest of every office-holder to get as much out of the people within his jurisdiction as he possibly could in that time. This corruption in high places had a thoroughly demoralizing effect. While among the better commercial classes Chinese probity in business relations with foreigners is proverbial, the people generally set little or no value upon truth, and this has led to the use of torture in their courts of justice; for it is argued that where the value of an oath is not understood, some other means must be resorted to to extract evidence.
Justice.—The Chih-Hsien or district magistrate decides ordinary police cases; he is also coroner and sheriff, he hears suits for divorce and breach of promise, and is a court of first instance in all civil cases; “the penalty for taking a case first to a higher court is fifty blows with the bamboo on the naked thigh.”[37] Appeal from the Hsien court lies to the Fu, or prefectural court, and thence cases may be taken to the provincial judge, who signs death warrants, while there are final courts of appeal at Peking. Civil cases are usually settled by trade gilds in towns and by village elders, or by arbitration in rural districts. Reference has been made to the use of torture. Flogging is the only form of torture which has been allowed under the Manchus. The obdurate witness is laid on his face, and the executioner delivers his blows on the upper part of the thighs with the concave side of a split bamboo, the sharp edges of which mutilate the sufferer terribly. The punishment is continued until the man either supplies the evidence required or becomes insensible. Punishment by bamboo was formally abolished by imperial edict in 1905, and other judicial reforms were instituted. They remained largely inoperative, and even in Shanghai, under the eyes of foreign residents, gross cases of the infliction of torture occurred in 1909.[38]
For capital offences the usual modes of inflicting the extreme penalty of the law are—in bad cases, such as parricides, “cutting to pieces,” and for less aggravated crimes either strangulation or decapitation. The culprit who is condemned to be “cut to pieces” is fastened to a cross, and while thus suspended cuts are made by the executioner on the fleshy parts of the body; and he is then beheaded. Strangulation is reserved for lesser degrees of guilt, it being considered a privilege to pass out of life with a whole body. When it has been granted to a criminal of rank thus to meet his end, a silken cord is sent to him at his own home. No explanatory message is considered necessary, and he is left to consummate his own doom. Popular sentiment regards decapitation as a peculiarly disgraceful mode of death. Constant practice makes the executioners wonderfully expert in the performance of their office. No block or resting-place for the head is used. The neck is simply outstretched to its full length by the aid of an assistant, and one blow invariably leaves the body headless.
The laws are in accord with the principle which regards the family as a unit. Thus there is no bankruptcy law—if a debtor’s own estate will not suffice to pay his debts the deficiency must be made good by his relatives; if a debtor absconds his Consular jurisdiction. immediate family are imprisoned. By analogy if one member of a party commits an offence and the guilty person cannot be detected, the whole party must suffer. Foreigners residing in China resented the application of this principle of law to themselves. As a result extra-territorial rights were sought by European powers. They were secured by Russia as early as 1689, but it was not until 1843 that any other nation acquired them. In that year Great Britain obtained the right to try British subjects by its own consuls, a right secured in more explicit terms by the United States and France in 1844. Now eighteen powers, including Japan, have consular courts for the trial of their own subjects according to the laws of their native lands. Mixed courts have also been established, that is, a defendant is tried in the court of his own nationality, the court giving its decision under the supervision of a representative of the plaintiff’s nationality. In practice the Chinese have seldom sent representatives to sit on the bench of consular courts, but, as the Europeans lack confidence in the administration of Chinese justice, no suit brought by a foreigner against a Chinese is decided without the presence of an assessor of the plaintiff’s nationality.
Defence.—The Chinese constitution in the period before the reform edicts of 1905-1906 provided for two independent sets of military organizations—namely, the Manchu army and the several provincial armies. On the establishment Army. of the dynasty in 1644 the victorious troops, composed mainly of Manchus, but including also Mongols and Chinese, were permanently quartered in Peking, and constituted a hereditary national army. The force was divided into eight banners, and under one or other of these all Manchus and all the descendants of the members of other nationalities were enrolled. They form the bulk of the population of the “Tatar city” of Peking. Each adult male was by birth entitled to be enrolled as a soldier, and by virtue of his enrolment had a right to draw rations—i.e. his allowance of the tribute rice, whether on active service or not. Detachments from one or other of the banners were stationed as garrisons in the chief provincial centres, as at Canton, Fuchow and Hang-chow, &c., and their descendants still occupy the same position. As a fighting force the Manchu garrisons both in the capital and in the provinces had long become quite effete. In the capital, however, the élite of the Manchu soldiery were formed into a special corps termed the Peking Field Force. Its nominal strength was 20,000, the men were armed and drilled after the European fashion, and fairly well paid. There were other corps of picked Manchus better paid and better armed than the ordinary soldier, and it was computed that in 1901 the Manchu army in or near Peking could muster 40,000, all more or less efficient.
The second organization was termed the army of the Green Standard, being the Chinese provincial forces. The nominal strength was from 20,000 to 30,000 for each province, or about 500,000 in all; the actual strength was about one-third of this. They were enrolled to keep the peace within their own province, and resembled a militia or local constabulary rather than a national army. They were generally poorly paid and equally badly drilled and armed.
The only real fighting force which China possessed at the beginning of the 20th century was made up of certain special corps which were not provided for in the constitution, and consequently used to be termed yung, “braves,” or irregulars, but had acquired various distinctive names. They were enlisted by provincial governors, and all had some smattering of foreign drill. They were also fairly well paid and armed. After the Chino-Japanese War of 1894-95 some of these corps were quartered near Peking and Tientsin, and came generally to be spoken of as the Army of the North.
An imperial decree issued in 1901 after the Boxer rising ordered the reorganization of the military forces of the empire, and on provincial lines something was accomplished—especially in Chih-li under Yuan Shih-k‘ai, who practically created “the Army of the North.” It was not, however, until after the Russo-Japanese War that determined efforts were made to organize a national army on western lines; an army which should be responsible to the central government and not dependent upon the provincial administrations. A decree of 1905 provided (on paper) for training schools for officers in each of the provinces, middle grade military schools in selected provinces, and a training college and military high school in Peking. The Army Board was reorganized and steps taken to form a general staff. Considerable progress had been made by 1910 in the evolution of a body of efficient officers. In practice the administration remained largely provincial—for instance the armament of the troops was provided by the provincial governors and was far from uniform. The scheme[39] contemplated the creation of a force about 400,000 strong in 36 divisions and in two armies, the northern and the southern. Recruitment is on the voluntary principle, except in the case of the Manchus, who apparently enter the new army instead of the “eight banners.” The terms of service are three years with the colours, three in the reserve and four in the territorial army. The Japanese system of training is followed. Reservists are called out for 30 days every year and the territorialists for 30 days every other year.
Up to 1909 six divisions and one mixed brigade of the northern army had been organized in Shan-tung, Chih-li and Ho-nan; elsewhere three divisions and six mixed brigades; total strength about 60,000 with 350 guns. (These figures do not include all the provincial foreign trained troops.) The efficiency of the troops varied; the northern army was superior to the others in training and armament. About a third of the 60,000 men of the new army were in 1909 stationed in Manchuria (See also § History.)
An imperial edict of the 15th of September 1907 reorganized the army of the Green Standard. It was placed under the control of the minister of war and formed in battalions and squadrons. The duty of the troops in peace time remained much as previously. In war they pass under the control of regular officers, though their use outside their own provinces does not seem to be contemplated.