Legal Institutions in Manchu China by Sybille Sprenkel

Author:Sybille Sprenkel [Sprenkel, Sybille]
Language: eng
Format: epub
Tags: Social Science, Anthropology, General
ISBN: 9781000324501
Google: P2kQEAAAQBAJ
Publisher: Routledge
Published: 2020-12-22T03:53:03+00:00

1 Taam (1935), p. 51.

2 Taam (1935), p. 10.

Most of the tsu codes forbade members to engage in litigation in the official courts before submitting their case to the tsu leaders, and laid on tsu members the duty of avoiding quarrels within and conflicts without, and taking early steps to settle such differences; e.g.3:

When quarrels arise in the tsu out of small resentment and disputes about landed property and money debts, the parties are to go to the ancestral hall and hand in a petition. (Then) the matter is to be brought to clarity and resolved in peace. Only when the decision is difficult is it permitted to bringa complaint before the authorities, so that they may examine and decide the case. Should anyone bring action against another person by bypassing the head of the tsu, without petitioning him first, this person is to be fined five ounces of silver to be added to the public funds of the ancestral hall.

Throughout the tsu it is forbidden to stir up litigations. When people are angry with each other for a time, it rests with the mediators to arbitrate and bring about a conciliation. There is a kind of person fond of mischief, who takes every chance to instigate lawsuits either to reap benefits for himself or to take personal vengeance, who enjoys calamities and misfortune that strike others, and likes to see both parties fail and sustain damage. The harm he does is not small. Such a person, after his guilt has been ascertained, is to be given thirty strokes.

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