The generally lenient spirit in which the Penal Code of China was conceived is either widely unknown, or very often ignored.  For instance, during the excessive summer heats certain punishments are mitigated, and others remitted altogether.  Prompt surrender and acknowledgment of an offence, before it is otherwise discovered, entitles the offender, with some exceptions, to a full and free pardon; as also does restitution of stolen property to its owner by a repentant thief; while a criminal guilty of two or more offences can be punished only to the extent of the principal charge.  Neither are the near relatives, nor even the servants, of a guilty man, punishable for concealing his crime and assisting him to escape.  Immense allowances are made for the weakness of human nature, in all of which may be detected the tempering doctrines of the great Sage.  A feudal baron was boasting to Confucius that in his part of the country the people were so upright that a son would give evidence against a father who had stolen a sheep.  “With us,” replied Confucius, “the father screens the son, and the son screens the father; that is real uprightness.”  To another questioner, a man in high authority, who complained of the number of thieves, the Master explained that this was due to the greed of the upper classes.  “But for this greed,” he added, “even if you paid people to steal, they would not do so.”  To the same man, who inquired his views on capital punishment, Confucius replied:  “What need is there for capital punishment at all?  If your aims are worthy, the people also will be worthy.”

There are many other striking features of the Penal Code.  No marriage, for instance, may be contracted during the period of mourning for parents, which in theory extends to three full years, but in practice is reckoned at twenty-seven months; neither may musical instruments be played by near relatives of the dead.  During the same period, no mandarin may hold office, but must retire into private life; though the observance of this rule is often dispensed with in the case of high officials whose presence at their posts may be of considerable importance.  In such cases, by special grace of the emperor, the period of retirement is cut down to three months, or even to one.

The death of an emperor is followed by a long spell of national tribulation.  For one hundred days no man may have his head shaved, and no woman may wear head ornaments.  For twelve months there may be no marrying or giving in marriage among the official classes, a term which is reduced to one hundred days for the public at large.  The theatres are supposed to remain closed for a year, but in practice they shut only for one hundred days.  Even thus great hardships are entailed upon many classes of the community, especially upon actors and barbers, who might be in danger of actual starvation but for the common-sense of their rulers coupled with the common rice-pot at home.