[
    {
        "id": 208411,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 135,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\nfrom the right to own property.\n\n119\n\nA recognition of these evils by modern, educated Chinese has led to a vigorous and disruptive attack upon the whole traditional system. Sun Yat-sen recognized these evils, and the new civil code of the Republic aims to break the grip of the family system by altering its legal basis.1\n\nII\n\nAn interesting outcome of this family unity is the theory of mutual responsibility. This theory is of the utmost importance both in family life and in village government, of which it is a cornerstone in legal theory and in practice. The family is collectively and directly responsible for the crimes of each member. Indeed, one of the postulates of Chinese law seems to have been this principle.2 Under the Ch'ing dynasty punishment for the crimes committed by an individual might sometimes be visited upon any or all the members of his family, even to the extent of death for the whole group in serious cases.3\n\nIn customary practice this phenomenon of mutual responsibility is very active. The deeds of each member of the family are the intimate concern of all. Strong pressure will be brought to bear upon an individual to prevent or to correct breaches which might impair the reputation of the family or entangle it in quarrels and law suits. Kulp, in his study of Familism in South China, finds that all offenses except failure to pay taxes are in reality against the family, and are subject to judgment in the first place by the family and its leaders. The extreme inquisitiveness of the typical Chinese villager is but one aspect of this feeling of responsibility for all that\n\n1 China. National Government; The Civil Code of the Republic of China. Vol. II, p. vii. For particular examples see below p. 14, 15.\n\n2 On this point see: Alabaster, Ernest; Notes and Commentaries on Chinese Criminal Law, p. lxx-lxxii, 151, 152, 193-196. On the evils of mutual responsibility, from the legal point of view, ibid., p. lxxi-lxxii,\n\n3 Ta Ch'ing Lu Li, (****), (Sixth Division: Criminal Law, Book I, Sec. 254) translated by Staunton, George T.; Ta Tsing Leu Lee, Being the Fundamental Laws, and a Selection from the Supplementary Statutes of the Penal Code of China, p. 269-270. See also: Alabaster; op. cit., p. lxvi, 466-467; Boulais, Guy; Manuel du Code Chinois, p. 464-466.\n\n4 Kulp, Daniel Harrison; Country Life in South China, Vol. I: Phenix Village, p. XXVIII. (This work will hereafter be referred to as Phenix Village.)\n\nPage 135\n\nPage 136",
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    {
        "id": 208428,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 152,
        "title": "RAS-1978",
        "content_text": "136 \n\nC. MARTIN WILBUR \n\nmunity.1 Kin status is for all practical purposes also a prerequisite. To be a village elder a man must stand at the head of a large clan or family, and the more powerful the group behind him, the greater will be his influence. Age is a second value which custom requires, although this is losing its force in many places today. Ability, specifically scholarship, is the third desirable quality for village leadership. Scholarship, whether of the old or the modern style, almost universally brings leadership, both because of the traditional reverence for learning, and because the man of letters is able to talk on a plane of ease and familiarity with officials of the government higher up, a thing which the common villager can never do. \n\nThe traditional village leaders have behind them several very powerful psychological supports for their authority. The first of these is custom: all that is carried over from the familist system such as reverence for age, respect for status, and the habit of obeying vested authority. The central government, at least up until very recently, recognized them as the responsible authority in the village, and thus added to their prestige. Also, they hold their position partly because of their practical ability, their wisdom, and their popularity. At the same time these leaders are constantly protecting and reinforcing the customary values to which they owe their influence. \n\nOne of the most obvious indications of change in village government today is the emergence of a new type of leader in rural affairs. In villages where the influence of new forces has begun to penetrate, men who lack the traditional qualifications for leadership are beginning to assume an importance in village polity. These are men of natural ability who are able to exert power by inspiring and leading small, discontented groups, or the mob generally, to an opposition of \n\n+ \n\n1 Maybon, B.; Essai sur les Associations en Chine, p. 192 points out that throughout all associations in China runs this common trait of “particularism”. He says: \"Entre les members d'une association existe toujours un lien de communauté. la commune n'est ouverte qu'aux habitants originaires des villages, à l'exclusion des aubains.\" From the point of view of the central government, speaking historically, it was only possible for a man to change his political residence (i.e. to become a member of a village other than that of his ancestral home) if the family from which he came had been destroyed. Then if he were the head of a family of his own, had been a registered land owner for twenty years in his new home, could speak the dialect properly, and were an honorable character, his name might be transferred to the local Yüan Chi (§#) or register which fixed his political residence. Bazin; \"Recherches sur les Institutions Administrative et Municipales de la Chine\" II, p. 258. On this point see also Boulais, Guy: Manuel du Code Chinois, p. 161-162.",
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    },
    {
        "id": 208435,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 159,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n143\n\nAccording to the theory, each Chia or Pao should select one of its members to serve as a headman, and this headman, when approved by the magistrate, becomes Ti-pao. In practice, however, the Ti-pao will stand at the head of a whole village, or of several small ones, as the agent of the magistrate.\n\nHow the Ti-pao is selected is not a matter of agreement. The official government view is well expressed by the Ta Ch'ing Hui Tien: \"The scholars and people shall elect to this office men of probity, education and property.” Or, in the Ta Ch'ing Lü Li:\n\n\"In every District 100 Families shall elect one Headborough (or Hundred man) Li chang, and ten Tithing men Chia shou, who shall be charged for the year with the collection of the revenue and the arranging of other public matters. Any person who without warrant assumes the title of Chu-pao, Li-chang, Pao-chang or other title of authority, and takes advantage of that to exact levies from the people, shall be liable to 100 blows and banishment for two years. The elders from among whom the above elections are to be made, must be men of mature years and known merit, belonging to the locality, as approved by the majority, and no one who has held office or been employed as a Yamen underling, or been convicted of offence, shall be eligible. A breach of this law shall entail a punishment of 60 blows upon the offender, who shall also be deposed from office, and any official sanctioning such illegal election shall be liable to 40 blows, and in case of bribery to such severer penalty as the law against bribery for an illegal purpose may entail.”\n\nThus it will be seen that in theory the Ti-pao is chosen freely by the people, without interference from the magistrate. Hsieh is authority for the statement that the government even issued orders to the magistrate not to interfere in these elections.3 A dissenting view is expressed by Morse, who states that the Ti-pao is nominated\n\n1 Jamieson; op. cit., p. 68.\n\n2 Ta Ch'ing Lü Li (division of Hu Pu), Sec. 83, Lü. Translated by Jamieson, ibid., p. 63. Most of this passage has also been translated into French by Bazin and by Boulais, who also give the text: Bazin; op. cit., I, p. 25 ff.; Boulais; op. cit., p. 183-184. Also cf. Staunton, G.; Ta Tsing Leu Lee, p. 88-89, According to Dr. C. H. Peake the text should be broken after the words; \"banishment for two years.\" The further discussion would then apply not to the Ti-pao, but only to the village elders. This distinction is not clearly brought out in any of the Western texts cited.\n\n3 Hsieh, Pao Chao; The Government of China, p. 309.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
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    },
    {
        "id": 208439,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 163,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n147\n\nare to collect taxes and reasonably to preserve peace and prevent crimes. These two considerations control the entire policy of the government with regard to the villages: so long as the two requirements are met the government is satisfied to allow the villages to manage themselves. For their part the villages remain almost oblivious to the central government, happy, indeed to know nothing of it, since relations between the two are seldom if ever in favor of the people.\n\nA survey of the government offices of the Ti-pao gives a good insight to the relations between the government and the village, and it is here that it is possible to find most exact information. One of the first duties of the Ti-pao is to keep the census record. In former times this record had a significance in determining the corvée, but at present the record seems to be mostly for police and census purposes, and to aid the Ti-pao in his official duty of knowing everything about everyone. At the door of each dwelling there ought to be posted a tablet or men-p’ai (門牌) on which are inscribed the names of all the individuals who live under the common roof. Details to be noted are as follows: The name and surname of the Chia-chang, his profession and age; the names and ages of his wife, his sons and his daughters; the names, surnames, ages and first homes of his servants or people in his employ; the total number of people who live with him. The Ti-pao, himself a member of the village, is supposed to check and correct his report from his own knowledge. When the verification has taken place the men-p'ai are transcribed onto a public register, Hu Chi (戶籍).\n\nThe system of corvée which depends upon this register of families is under the direction of the Ti-pao. Every individual over the age of sixteen is supposed to be liable for a certain amount of personal service to the state, and in olden times this seems to have been a burden. Carts, animals and porters were supposed to be put at the service of officials travelling through the district. To some extent these levies are still made, according to Jamieson, but the principal calls in modern times are for work in case of emergency as in the\n\n1 Bazin; \"Recherches sur les Institutions Administrative et Municipales de la Chine\", II, p. 249 f.\n\n2 Ibid., p. 252. On the matter of census see also Boulais, Guy; Manuel du Code Chinois, p. 160-166.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
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    },
    {
        "id": 208440,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 164,
        "title": "RAS-1978",
        "content_text": "148\n\nC. MARTIN WILBUR\n\nevent of threatening floods to repair embankments.1\n\nTaxation, the primary interest of the government, is also carried out with the help of the Ti-pao. This individual is supposed to know all about every bit of land owned by the members of his village, and the exact tax set upon it. This is no easy matter since most farmers own many small bits of land scattered hit-or-miss over the countryside. Under the Ch'ing dynasty the land tax was set for all time in 1713.2 This does not mean that in reality taxes did not increase steadily, for the burdens seem constantly to be getting heavier.\n\nThis increase was affected by several means. In the first place the permanent settlement takes no account of the cost of collection. This cost is a matter of yearly battle between the collector and the land owners; but once a precedent is set it becomes an accepted part of the tax thereafter, and is merely the starting basis on which further additions will be placed. A second manner in which accretions are made rests on the fact that originally all or part of the tax was to be paid in kind. The magistrate, however, often demands a cash settlement, and places the conversion rate well above the market price of grain. Another method is for the magistrate arbitrarily to fix the conversion rate between cash-coin and the tael at a point highly unfair to the land owner who has only cash-coin to pay in. By these and other devices Morse reports that the permanently settled land tax of 1713 is often increased to over five times the statutory amount.3\n\nThe Ta Ch'ing Lü Li (׆†##1) describes the correct machinery of collection as follows:\n\n[ Jamieson, George; Chinese Family and Commercial Law, p. 72. A good account of the modern working of a modified form of corvée is found in Smith, Arthur H.; Village Life in China, p. 230-231. Also, Boulais; op. cit., p. 161-162, 181-185, 213-214.\n\n2 Morse, Hosea B.; The Trade and Administration of the Chinese Empire, p. 86. (Jamieson; op. cit., p. 94, wrongly gives 1711 as the date of permanent settlement, but this is the date of the census which was made the basis for taxation.) This permanent settlement had several important results. In the first place, it practically did away with the old method of taking the census of the number of people liable to a poll tax, and led to the establishment of modern census taking of the whole population, as started under Ch'ien Lung. Secondly, the establishment of an immutable poll-tax led to its amalgamation with the land tax for ease and saving in collection. Huang, Han Liang; The Land Tax in China, p. 99-100.\n\n3 Morse, op. cit., p. 87.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
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    },
    {
        "id": 208441,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 165,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n149\n\n\"When the time for collecting the land tax comes round, the Magistrate shall have triplicate slips prepared beforehand, containing the names of every taxpayer arranged by Hundreds and Tithings, and the amount payable by each. One set of these slips is intended for receipts to be issued to the tax-payers, another set is for the use of the person charged with the collection in each Hundred, and the third is to be deposited in the Magistrate's office in order to check the returns. As each payment is made the slip is filled up and given to the payer as a receipt. The slips still remaining should show at once the persons that had not paid, who should be proceeded against by the Authorities. If there appeared to be any discrepancy between the slips and the amount actually received, the fact would show some malpractice on the part of the clerks, and the matter should then be strictly enquired into and the parties punished.”1\n\nIn some cases the Ti-pao himself is charged with collecting the taxes; in others he is merely the informer to the magistrate's runners, indicating who owns what property. When the actual amount of tax is being settled with the land owners, or through the agency of the elders, the Ti-pao may haggle either for or against the officials of the government. Bazin is of the opinion that on the whole collection of taxes in the village is accomplished very efficiently.2\n\nBecause of his duty of knowing the exact owner of every bit of land against the time of tax payment, the further duty falls upon the Ti-pao of registering all sales. In the transaction there will be two writs drawn up, one of the sale in which the seller obliges himself to hand over the property; the other of purchase, in which the buyer obliges himself to pay. There is always a guarantor, or middle-man, called Pao-jen (4A) or Tan-pao (1),3 The bills of sale and of purchase must indicate the name, surname, profession and residence of the buyer or seller; the location of the property with its boundaries and particulars about it; the taxes to the land; its price, manner of payment and other stipulations; and the name, surname, profession and residence of the guarantor.4\n\n1 Ta Ch'ing Li Li (Division of Hu Pu) sec. 90. Li, Translated by Jamieson; op. cit., p. 77. Also translated in part, and Chinese text given by Boulais; op. cit., p. 217.\n\n2 Bazin; op. cit. II p. 275.\n\n3 Ibid., p. 281. Jamieson op. cit., p. 97 states that sometimes there may be as many as ten middle men in such a transaction,\n\n4 Bazin; op. cit., II p. 282.\n\nPage 165\n\nPage 166",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
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    },
    {
        "id": 208443,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1978",
        "page_number": 167,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\ntrate for investigation.'\n\n151\n\nHe has the position, therefore, of chief investigator of and informer against anything suspicious or evil. But his powers of arrest seem to be limited. Meadows reports that while it is his duty to point out any person to police (Yâmen) runners who may be looking for a man, he is not called upon to execute a summons; and likewise that in grave cases of robbery he is not held responsible, but must report to the magistrate as soon as such a case occurs.2 The Ti-pao organizes part of the militia in his district for the use of the magistrate in protecting public granaries and treasuries, or for dispersing bandits.3\n\nAlthough the agent of the central government in preserving peace and order, the Ti-pao is also the defender of the people. In case of wrongful arrest he should inform the magistrate, giving circumstances, and has the right of bailing out citizens of his own district who are held in the magistrate's gaol. If any of his constituents presents a petition or otherwise has dealings with the magistrate's court it is the Ti-pao's duty to be able to identify him. For this purpose he has a wooden stamp which he must affix to such an application before it will be accepted at the Yamen.4\n\nWhile it is thus the Ti-pao who is the chief agent of the central government in the rural village, it is the village elders themselves who are held by the government to be responsible for the village as a whole. The village peace and morality is in their hands, and the proper subject of their supervision. This resting of authority in the hands of a few responsible individuals is founded upon several sensible considerations. Firstly, the plan is practicable: villages are compact and coalescent units due to their relative isolation,\n\n1 Ta Ch'ing Hui Tien, Chuan 134, sec. (1% T) translated by Jamieson; ibid., p. 68. \"Tithing man\" means in Jamieson's translation the Ti-pao. Hsieh seems also to use this passage to describe the duties of the Ti-pao, and cites one or two more malpractices which the officer must report against, such as transport of counterfeit goods and swindling, though he does not mention his source. Hsieh, Pao Chao; The Government of China, p. 309. An ordinance by Hsien Feng (41) in 1852 gives an even fuller account of what was expected of the Pao-chia (T), (presumably Ti-pao). Boulais; op. cit., 162-163.\n\n2 Meadows, Thomas T.; Desultory Notes on the Government and People of China, p. 118, 119.\n\n3 Hsieh; op. cit., p. 309.\n\n4 Meadows; op. cit., p. 117.\n\n5 Leong and Tao; op. cit., p. 36.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt",
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    },
    {
        "id": 208457,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
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        "document_key": "RAS-1978",
        "page_number": 181,
        "title": "RAS-1978",
        "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n165\n\nany contingency of administration which faced the small and self-contained villages of the rural districts in which the great mass of the Chinese people dwelt.\n\nAuthor's note: On rereading this effort of an aspiring young Sinologue in Peking some 45 years ago, the author realizes how quaint it must seem today for the \"state of the art\" is far advanced since then, with a proliferation of on-the-ground studies of Chinese rural life done by sociologists and social anthropologists in China, Hong Kong, and Taiwan. They provide concrete information on village governance richer than all one could find in 1933, C.M.W., 15 October 1979.\n\nBIBLIOGRAPHY\n\nI. WORKS CITED IN THIS PAPER.\n\nAddison, James T.; Chinese Ancestor Worship: a Study of its Meaning and its Relations with Christianity. No place, Chung Hua Shen Kung Hui, 1925.\n\nAlabaster, Ernest; Notes and Commentaries on Chinese Criminal Law and Cognate Topics, London, Luzac, 1899,\n\nBazin; \"Recherches sur les Institutions Administratives et Municipales de la Chine\" (Journal Asiatique. 5th Series, vol. 3, 1854, p. 6-66; vol. 4, 1854, p. 249-348), (The two papers are differentiated by the Roman numerals I and II.)\n\nBishop, Carl W. Man from the Farthest Past. New York Smithsonian Institution, 1930. (Smithsonian Scientific Series, vol. 7.)\n\nBishop, C. W.; \"Prefatory Note on the Worship of Earth in Ancient China.\" (Excavation of a West Han Site. Shanghai, no pub., 1932, p. 1-20.)\n\nBishop, Carl W.; \"The Rise of Civilization in China with Reference to its Geographical Aspects\" (Geographical Review, Oct. 1932, p. 617-631.)\n\nBoulais, Guy; Manuel du Code Chinois. Shanghai, Imprimerie de la Mission Catholique, 1924. (Variétés Sinologiques 55.)\n\nBuck, John L.; Chinese Farm Economy; a Study of 2866 Farms in Seventeen Localities and Seven Provinces in China. Shanghai, Commercial Press, 1930.\n\nChen Huan-chang; The Economic Principles of Confucius and His School, 2 vols. New York, Columbia, 1911.\n\nChina National Government. The Civil Code of the Republic of China. Translated into English by Hsia, Ching-lin: Chow, James L. E.; Chang, Yukon, 2 vols. Shanghai, Kelly and Walsh, 1930-31. vol. 2.\n\nChina Year Book 1932. (Woodhead, H. G. W. Ed.) Shanghai, North-China, 1932.\n\nChinese Repository. See: \"Clanship Among the Chinese.\"",
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    },
    {
        "id": 208543,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
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        "document_key": "RAS-1978",
        "page_number": 267,
        "title": "RAS-1978",
        "content_text": "p.123, line 18. For \"stereotpyed\" read \"stereotyped\"\n\nline 22. For fects\" read \"facts\" p.133. Delete repetition of chapter heading\n\np.136, footnote, line 3. For \"members\" read \"membres\"\n\nline 4. For “communuté” read “communauté”\n\nline 14. For \"Administrative\" read \"Administratives\"\n\np.144, line 4. For \"officit!\" read “official”\n\nline 20. For \"trademan\" read “tradesman\n\nend of text -\n\n**\n\np.147, line 13. For \"determing\" read \"determining”\n\nfootnote 1. For \"Administrative\" read “Administratives”\n\np.148, line 20. For \"Auother\" read “Another”\" \n\np.152, line 9. For \"differances\" read \"differences\"\n\nline 25. For “ken” read “kan”\n\np.154, line 25. For \"comaprison” read “comparison”\n\np.164, line 6. For \"Occassions\" read \"Occasions\"\n\np.165, third ref, under Bishop. For \"Review\" read \"Review\"\n\nref under Boulais. For \"Varietes\" read “Variétés”\n\np.116, line 1. For \"Ching Ho\" read \"Ching Hơ\"\n\nsecond ref. under Ferguson. For \"of the North China Branch of the Royal Asiatic Society” read \"of the North China Branch of the Royal Asiatic Society\"\n\nref. under Hsieh. For \"Johne\" read “Johns”\n\np.167, line 7. For \"Hurmel\" read \"Hummel”\n\nref. under Maybon. For \"Essay\" read \"Essail\" and for \"China\" read “Chine\"\n\np.171, last ref. For \"Lacal” read “Local\"\n\np.178, line 29. For \"status\" read “statues”\n\np.184, line 7 from bottom. For \"phsychological” read \"psychological\"\n\nline 6 from bottom. For \"igorant\" read \"ignorant”\n\np.186, line 5 from bottom. For “simplfied” read \"simplified\"\n\np.187, line 16. For \"Ukiyo-\" read “Ukiyo-e”\n\np.197, line 2. For \"horizen\" read \"horizon'\n\nThe Hon. Editor tenders his apologies for these errors.\n\nHong Kong, 1981,",
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