Publication Type

Journal Article

Version

publishedVersion

Publication Date

3-1991

Abstract

In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show leniency to the accused simply because he did not succeed in gaining an unfair pecuniary advantage. In this regard personal servants of an official would be punished on the same scale as minor government functionaries. This example of what might be termed public corruption raises several interesting issues which will be developed in this paper.

Discipline

Criminal Law | Law and Society

Publication

Current Issues in Criminal Justice

Volume

2

Issue

3

First Page

36

Last Page

48

ISSN

2206-9542

Publisher

University of Sydney, Institute of Criminology

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