The Civil Service.—The bureaucratic element is a vital feature in the government of China, the holding of office being almost the only road to distinction. Officials are by the Chinese called collectively Kwan (rulers or magistrates) but are known to foreigners as mandarins (q.v.). The mandarins are divided into nine degrees, distinguished by the buttons worn on the top of their caps. These are as follows:—first and highest, a plain red button; second, a flowered red button; third, a transparent blue button; fourth, an opaque blue button; fifth, an uncoloured glass button; sixth, an opaque white shell button; seventh, a plain gilt button; eighth, a gilt button with flowers in relief; ninth, a gilt button with engraved flowers. The buttons indicate simply rank, not office. The peacock feathers worn in their hats are an order granted as reward of merit, and indicate neither rank nor office. The Yellow Jacket similarly is a decoration, the most important in China.
The ranks of the civil service are recruited by means of examinations. Up to the beginning of 1906 the subjects in which candidates were examined were purely Chinese and literary with a smattering of history. In 1906 this system was modified and an official career was opened to candidates who had obtained honours in an examination in western subjects (see § Education). The old system is so closely identified with the life of China that some space must be devoted to a description of it.
As a general rule students preparing for the public examination read with private tutors. There were neither high schools nor universities where a regular training could be got. In most of the provincial capitals, and at some other places, there were indeed institutions termed colleges, supported to some extent from public funds, where advanced students could prosecute their studies; but before the movement initiated by the viceroy Chang Chih-tung after the China-Japan War of 1894, they hardly counted as factors in the national education. The private tutors, on the other hand, were plentiful and cheap. After a series of preliminary trials the student obtained his first qualification by examination held before the literary chancellor in the prefecture to which he belonged. This was termed the Siutsʽai, or licentiate’s degree, and was merely a qualification to enter for the higher examinations. The number of licentiate degrees to be given was, however, strictly limited; those who failed to get in were set back to try again, which they might do as often as they pleased. There was no limit of age. Those selected next proceeded to the great examination held at the capital of each province, once in three years, before examiners sent from Peking for the purpose. Here again the number who passed was strictly limited. Out of 10,000 or 12,000 competitors only some 300 or 350 could obtain degrees. The others, as before, must go back and try again. This degree, termed Chü jên, or provincial graduate, was the first substantial reward of the student’s ambition, and of itself qualified for the public service, though it did not immediately nor necessarily lead to active employment. The third and final examination took place at Peking, and was open to provincial graduates from all parts of the empire. Out of 6000 competitors entering for this final test, which was held triennially, some 325 to 350 succeeded in obtaining the degree of Chin shih, or metropolitan graduate. These were the finally selected men who became the officials of the empire.
Several other doors were, however, open by which admission to the ranks of bureaucracy could be obtained. In the first place, to encourage scholars to persevere, a certain number of those who failed to reach the chü jên, or second degree, were allowed, as a reward of repeated efforts, to get into a special class from which selection for office might be made. Further, the government reserved to itself the right to nominate the sons and grandsons of distinguished deceased public servants without examination. And, lastly, by a system of “recommendation,” young men from favoured institutions or men who had served as clerks in the boards, might be put on the roster for substantive appointment. The necessities of the Chinese government also from time to time compelled it to throw open a still wider door of entry into the civil service, namely, admission by purchase. During the Tʽaipʽing rebellion, when the government was at its wits’ end for money, formal sanction was given to what had previously been only intermittently resorted to, and since then immense sums of money have been received by the sale of patents of rank, to secure either admission to office or more rapid promotion of those already employed. As a result of this policy, the country has been saddled with thousands of titular officials far in excess of the number of appointments to be given away. Deserving men were kept waiting for years, while inferior and less capable officials were pushed ahead, because they had money wherewith to bribe their way. Nevertheless the purchase system admitted into the service a number of men free from that bigoted adherence to Confucian doctrine which characterizes the literary classes, and more in touch with modern progress.
All candidates who succeed in entering the official ranks are eligible for active employment, but as the number of candidates is far in excess of the number of appointments a period of weary waiting ensues. A few of the best scholars get admitted at once into the Hanlin college or into one or other of the boards at Peking. The rest are drafted off in batches to the various provinces to await their turn for appointment as vacancies occur. During this period of waiting they are termed “expectants” and draw no regular pay. Occasional service, however, falls in their way, as when they are commissioned for special duty in outlying districts, which they perform as Wei yuens, or deputies of the regular officials. The period of expectancy may be abridged by recommendation or purchase, and it is generally supposed that this last lever must invariably be resorted to to secure any lucrative local appointment. A poor but promising official is often, it is said, financed by a syndicate of relations and friends, who look to recoup themselves out of the customary perquisites which attach to the post. Appointments to the junior provincial posts are usually left to the provincial government, but the central government can always interfere directly. Appointments to the lucrative posts of customs, taotʽai, at the treaty ports are usually made direct from Peking, and the officer selected is neither necessarily nor usually from the provincial staff. It would perhaps be safe to say that this appointment has hitherto always been the result of a pecuniary arrangement of greater or less magnitude.
During the first five years (1906–1910) of the new method, by which candidates for the civil service were required, in addition to Chinese classics, to have a knowledge of western science, great efforts were made in several provinces to train up a better class of public official. The old system of administration Bribery and torture. had many theoretical excellencies, and there had been notable instances of upright administration, but the regulation which forbade a mandarin to hold any office for more than three years made it the selfish interest of every office-holder to get as much out of the people within his jurisdiction as he possibly could in that time. This corruption in high places had a thoroughly demoralizing effect. While among the better commercial classes Chinese probity in business relations with foreigners is proverbial, the people generally set little or no value upon truth, and this has led to the use of torture in their courts of justice; for it is argued that where the value of an oath is not understood, some other means must be resorted to to extract evidence.
Justice.—The Chih-Hsien or district magistrate decides ordinary police cases; he is also coroner and sheriff, he hears suits for divorce and breach of promise, and is a court of first instance in all civil cases; “the penalty for taking a case first to a higher court is fifty blows with the bamboo on the naked thigh.”[1] Appeal from the Hsien court lies to the Fu, or prefectural court, and thence cases may be taken to the provincial judge, who signs death warrants, while there are final courts of appeal at Peking. Civil cases are usually settled by trade gilds in towns and by village elders, or by arbitration in rural districts. Reference has been made to the use of torture. Flogging is the only form of torture which has been allowed under the Manchus. The obdurate witness is laid on his face, and the executioner delivers his blows on the upper part of the thighs with the concave side of a split bamboo, the sharp edges of which mutilate the sufferer terribly. The punishment is continued until the man either supplies the evidence required or becomes insensible. Punishment by bamboo was formally abolished by imperial edict in 1905, and other judicial reforms were instituted. They remained largely inoperative, and even in Shanghai, under the eyes of foreign residents, gross cases of the infliction of torture occurred in 1909.[2]
For capital offences the usual modes of inflicting the extreme penalty of the law are—in bad cases, such as parricides, “cutting to pieces,” and for less aggravated crimes either strangulation or decapitation. The culprit who is condemned to be “cut to pieces” is fastened to a cross, and while thus suspended cuts are made by the executioner on the fleshy parts of the body; and he is then beheaded. Strangulation is reserved for lesser degrees of guilt, it being considered a privilege to pass out of life with a whole body. When it has been granted to a criminal of rank thus to meet his end, a silken cord is sent to him at his own home. No explanatory message is considered necessary, and he is left to consummate his own doom. Popular sentiment regards decapitation as a peculiarly disgraceful mode of death. Constant practice makes the executioners wonderfully expert in the performance of their office. No block or resting-place for the head is used. The neck is simply outstretched to its full length by the aid of an assistant, and one blow invariably leaves the body headless.
The laws are in accord with the principle which regards the family as a unit. Thus there is no bankruptcy law—if a debtor’s own estate will not suffice to pay his debts the deficiency must be made good by his relatives; if a debtor absconds his immediate family are imprisoned. By analogy if one Consular jurisdiction. member of a party commits an offence and the guilty person cannot be detected, the whole party must suffer. Foreigners residing in China resented the application of this principle of law to themselves. As a result extra-territorial rights were sought by European powers. They were secured by Russia as early as 1689,
