Imperial China:I As viewed from above,a pure criminal legal system There is no way to sue someone for not paying what he owes you All you can do is report him as a swindler to the district magistrate The case is out of your hands.The magistrate can ignore the case,he can Have him punished for the crime of swindling ·Make him pay you As viewed from below,tort law masquerading as criminal law In addition to important stuff,there are minor matters Loans,land,marriage,and inheritance. I charge you with not paying back the loan The magistrate schedules a court date,comments on the case I then bargain with you,you pay back the loan We humbly ask the magistrate to cancel the court date The magistrate,being a busy man,agrees If we don't reach agreement,the trial is held,the magistrate tells you to pay If you do,he generously cancels the punishment for your offense Imperial China: I • As viewed from above, a pure criminal legal system • There is no way to sue someone for not paying what he owes you • All you can do is report him as a swindler to the district magistrate • The case is out of your hands. The magistrate can ignore the case, he can • Have him punished for the crime of swindling • Make him pay you • As viewed from below, tort law masquerading as criminal law • In addition to important stuff, there are minor matters • Loans, land, marriage, and inheritance. • I charge you with not paying back the loan • The magistrate schedules a court date, comments on the case • I then bargain with you, you pay back the loan • We humbly ask the magistrate to cancel the court date • The magistrate, being a busy man, agrees • If we don’t reach agreement, the trial is held, the magistrate tells you to pay • If you do, he generously cancels the punishment for your offense