Code, Custom, and Legal Practice in China

Code, Custom, and Legal Practice in China
Author: Philip C. Huang
Publisher: Stanford University Press
Total Pages: 261
Release: 2001
Genre: Law
ISBN: 0804741115

What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.

Civil Law in Qing and Republican China

Civil Law in Qing and Republican China
Author:
Publisher: Stanford University Press
Total Pages: 358
Release: 1994-08
Genre: Law
ISBN: 0804779279

The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.

Circulating the Code

Circulating the Code
Author: Ting Zhang
Publisher: University of Washington Press
Total Pages: 265
Release: 2020-04-15
Genre: History
ISBN: 029574717X

Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.

A Question of Intent

A Question of Intent
Author: Jennifer M. Neighbors
Publisher: BRILL
Total Pages: 281
Release: 2018-04-17
Genre: Law
ISBN: 900433016X

In A Question of Intent: Homicide Law and Criminal Justice in Qing and Republican China, Jennifer M. Neighbors uses legal cases from the local, provincial and central levels to explore both the complexity with which Qing law addressed abstract concepts and the process of adoption, adaptation, and resistance as late imperial law gave way to criminal law of the Republican period. This study reveals a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law that have influenced much of past scholarship.

Civil Justice in China

Civil Justice in China
Author: Philip C. C. Huang
Publisher: Stanford University Press
Total Pages: 290
Release: 1996
Genre: History
ISBN: 9780804734691

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

Delivering Justice in Qing China

Delivering Justice in Qing China
Author: Linxia Liang
Publisher: British Academy
Total Pages: 304
Release: 2007-12-13
Genre: History
ISBN:

This detailed analysis of the Qing law codes and of one hundred nineteenth-century case records from Baodi county challenges the view that the traditional Chinese legal system was inappropriate for civil cases and that mediation was preferred instead.

Chinese Law

Chinese Law
Author: Li Chen
Publisher: BRILL
Total Pages: 410
Release: 2015-01-27
Genre: History
ISBN: 900428849X

The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.

The Limits of the Rule of Law in China

The Limits of the Rule of Law in China
Author: Karen G. Turner
Publisher: University of Washington Press
Total Pages: 384
Release: 2015-05-01
Genre: History
ISBN: 0295803894

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.

Engaging the Law in China

Engaging the Law in China
Author: Neil Jeffrey Diamant
Publisher: Stanford University Press
Total Pages: 270
Release: 2005
Genre: Social Science
ISBN: 9780804750486

This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.