Civil Law In Qing And Republican China

Author :
Publisher : Stanford University Press
ISBN 13 : 0804779279
Total Pages : 358 pages
Book Rating : 4.72/5 ( download)

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Download or read book Civil Law in Qing and Republican China written by and published by Stanford University Press. This book was released on 1994-08 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Kathryn Bernhardt
Publisher : Meridian: Crossing Aesthetics
ISBN 13 : 9780804722742
Total Pages : 340 pages
Book Rating : 4.49/5 ( download)

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Download or read book Civil Law in Qing and Republican China written by Kathryn Bernhardt and published by Meridian: Crossing Aesthetics. This book was released on 1994 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Civil justice is shown to be fundamental to an understanding of social relations and of the way the state sought to regulate those relations through law. 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.

Author : Mark A. Allee
Publisher :
ISBN 13 : 9789576384004
Total Pages : 340 pages
Book Rating : 4.01/5 ( download)

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Download or read book Civil Law in Qing and Republican China written by Mark A. Allee and published by . This book was released on 1997 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Philip C. Huang
Publisher : Stanford University Press
ISBN 13 : 0804741115
Total Pages : 261 pages
Book Rating : 4.18/5 ( download)

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Download or read book Code, Custom, and Legal Practice in China written by Philip C. Huang and published by Stanford University Press. This book was released on 2001 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jennifer M. Neighbors
Publisher : BRILL
ISBN 13 : 900433016X
Total Pages : 281 pages
Book Rating : 4.60/5 ( download)

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Download or read book A Question of Intent written by Jennifer M. Neighbors and published by BRILL. This book was released on 2018-04-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Question of Intent, Jennifer M. Neighbors unpacks the complicated late imperial homicide continuum and its Republican-era counterpart, revealing a Chinese justice system, both before and after 1911, that defies assignment to binary categories of modern and pre-modern law.

Author : Philip C. C. Huang
Publisher : Stanford University Press
ISBN 13 : 9780804734691
Total Pages : 290 pages
Book Rating : 4.90/5 ( download)

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Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204881
Total Pages : 576 pages
Book Rating : 4.81/5 ( download)

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Download or read book Towards a Chinese Civil Code written by and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

Author : Philip C. Huang
Publisher : Rowman & Littlefield
ISBN 13 : 9780742567696
Total Pages : 320 pages
Book Rating : 4.99/5 ( download)

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Download or read book Chinese Civil Justice, Past and Present written by Philip C. Huang and published by Rowman & Littlefield. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.

Author : Madeleine Zelin
Publisher : Stanford University Press
ISBN 13 : 0804766940
Total Pages : 408 pages
Book Rating : 4.44/5 ( download)

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Download or read book Contract and Property in Early Modern China written by Madeleine Zelin and published by Stanford University Press. This book was released on 2004-02-18 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

Author : Vai Io Lo
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363093
Total Pages : 200 pages
Book Rating : 4.92/5 ( download)

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Download or read book Law and Society in China written by Vai Io Lo and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.