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Civil Justice in China: Representation and Practice in the Qing (Law, Society, & Culture in China Series) - Softcover

Huang, Philip C. C.

 
9780804734691: Civil Justice in China: Representation and Practice in the Qing (Law, Society, & Culture in China Series)
Softcover
ISBN 10: 0804734690 ISBN 13: 9780804734691
Verlag: STANFORD UNIV PR, 1998

Inhaltsangabe

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.

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Über die Autorin bzw. den Autor

Philip C. C. Huang is Professor of History and Director of the Center for Chinese Studies at the University of California, Los Angeles.

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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.

Aus dem Klappentext

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.

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Verlag
STANFORD UNIV PR
Erscheinungsdatum
1998
Sprache
Englisch
ISBN 10 
0804734690
ISBN 13 
9780804734691
Einband
Taschenbuch
Anzahl der Seiten
288
Kontakt zum Hersteller
Mare Nostrum Group B.V.
gpsr@mare-nostrum.co.uk

Doelen 72
Breda
4831 GR
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