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courts--which belief forms the chief emotional argument for extra-territoriality--it seems fair to say that on the whole they have been cruel, unjust and ruinously expensive. It is no wonder, then, that villagers prefer the humane and usually just village courts when they come into trouble, and will usually abide by the decision of the elders rather than risk their fortunes in the government courts.
Village court may be held in the village temple or wherever the elders happen to gather. In case of a dispute between two parties the elders will try to effect a compromise. When a petty crime occurs, if it cannot be settled in the kin group, then the elders will undertake to hear all evidence and pass a sentence involving well understood customary punishment. Over major crimes, or anything too flagrant to be kept hidden, they have no authority and must cooperate with the government by handing over the culprit and supplying all necessary evidence.
V
In discussing the Ti-pao1 the student is on a firmer ground than in any other part of this study so far as exactness and quantity of information is concerned. The office is specifically discussed in the Ta Ch'ing Hui Tien2 and in the Ta Ch'ing Lu Li3. According to Meadows these officers are found in all parts of China, the title frequently appearing in the Peking Gazette in connection with cases reported from all the different provinces. Finally, most foreign observers who have anything to say about village government in China speak of the Ti-pao.
1 There are many terms which may be considered with varying degrees of certainty as synonymous with Ti-pao. Giles; op. cit., p. 1360, gives as synonymous Ti-fang and Ti-yo. Jamieson, George; Chinese Family and Commercial Law, p. 68, 71, gives Pao-chang, Chia-chang and Hsiang-chang as synonymous with each other and with Ti-pao. Tuo; op. cit., p. 62, speaks of the Po (Pao?) chia as popularly called Ti-pao. Other sources supply less reliable but possibly correct synonyms such as Li-chêng and Li-chang. It is necessary to indicate this variety of terminology because in this paper Ti-pao only will be used. Quotations accordingly might seem to be meaningless. (In some cases the characters given above are the author's addition.)
2 Chuan 134, sec. on Ti as reported by Jamieson; op. cit., p. 68.
3 Division relating to board of revenue (Hu Pu), section 83 ff., as translated by Jamieson, ibid., 63 ff.
4 Meadows, Thomas T.; Desultory Notes on the Government and People of China, p. 121.
VILLAGE GOVERNMENT IN CHINA, 1933
141
courts--which belief forms the chief emotional argument for extra- territoriality--it seems fair to say that on the whole they have been cruel, unjust and ruinously expensive. It is no wonder, then, that villagers prefer the humane and usually just village courts when they come into trouble, and will usually abide by the decision of the elders rather than risk their fortunes in the government courts.
Village court may be held in the village temple or wherever the elders happen to gather. In case of a dispute between two parties the elders will try to effect a compromise. When a petty crime occurs, if it cannot be settled in the kin group, then the elders will undertake to hear all evidence and pass a sentence involving well understood customary punishment. Over major crimes, or anything too flagrant to be kept hidden, they have no authority and must cooperate with the government by handing over the culprit and supplying all necessary evidence.
V
In discussing the Ti-paol () the student is on a firmer ground than in any other part of this study so far as exactness and quantity of information is concerned. The office is specifically dis- cussed in the Ta Ch'ing Hui Tien (†††††)2 and in the Ta Ch'ing Lu Li ( × 4). According to Meadows these officers are found in all parts of China, the title frequently appearing in the Peking Gazette in connection with cases reported from all the different provinces. Finally, most foreign observers who have anything to say about village government in China speak of the Ti-pao.
1 There are many terms which may be considered with varying degrees of certainty as synonymous with Ti-pao. Giles; op. cit., p. 1360, gives as synonymous Ti-fang (87) and Ti-yo (184). Jamieson, George; Chinese Family and Commercial Law, p. 68, 71, gives Pao-chang (£), Chia-chang (PA) and Hsiang-chang (A) as synonymous with each other and with Th-pao. Tuo; op. cit., p. 62, speaks of the Po (Pao?) chia (7) as popularly called Ti-pao. Other sources supply less reliable but possibly correct synonyms such as Li-chêng (LE) and Li-chang (2K). It is neces- sary to indicate this variety of terminology because in this paper Ti-pao only will be used. Quotations accordingly might seem to be meaningless. (In come cases the characters given above are the author's addition.)
2 Chuan 134, sec. on T as reported by Jamieson; op. cit., p. 68. 3 Division relating to board of revenue (Hu Pu), section 83 ff., as translated by Jamieson, ibid., 63 ff.
4 Meadows, Thomas T.; Desultory Notes on the Government and People of China, p. 121.
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