Life is remarkably safe in China. No man can be executed until his name has been submitted to the emperor, which of course means to his ministers at the capital. The Chinese, however, being, as has been so often stated, an eminently practical people, understand that certain cases admit of no delay; and to prevent the inevitable lynching of such criminals as kidnappers, rebels, and others, caught red-handed, high officials are entrusted with the power of life and death, which they can put into immediate operation, always taking upon themselves full responsibility for their acts. The essential is to allay any excitement of the populace, and to preserve the public peace.
In the general administration of the law great latitude is allowed, and injustice is rarely inflicted by a too literal interpretation of the Code. Stealing is of course a crime, yet no Chinese magistrate would dream of punishing a hungry man for simple theft of food, even if such a case were ever brought into court. Cake-sellers keep a sharp eye on their wares; farmers and market-gardeners form associates for mutual protection, and woe to the thief who gets caught—his punishment is short and sharp. Litigation is not encouraged, even by such facilities as ought to be given to persons suffering wrongs; there is no bar, or legal profession, and persons who assist plaintiffs or defendants in the conduct of cases, are treated with scant courtesy by the presiding magistrate and are lucky if they get off with nothing worse. The majority of commercial cases come before the guilds, and are settled without reference to the authorities. The ordinary Chinese dread a court of justice, as a place in which both parties manage to lose something. “It is not the big devil,” according to the current saying, “but the little devils” who frighten the suitor away. This is because official servants receive no salary, but depend for their livelihood on perquisites and tips; and the Chinese suitor, who is a party to the system, readily admits that it is necessary “to sprinkle a little water.”