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

Name: Civil Justice in China: Representation and Practice in the Qing (Law, Society, and Culture in China)
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Book Synopsis: 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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Are you curious about the true nature of the Qing legal system? Dive deep into the fascinating world of civil justice in China with the gripping book, "Civil Justice in China: Representation and Practice in the Qing." Uncover the reality behind widely accepted assumptions and challenge the official Qing representations that have shaped our understanding for years.

Contrary to popular belief, civil disputes were not minor or trivial as the Qing state would have us believe. This eye-opening book, based on meticulous research of case records from the 1760's to the 1900's, reveals that civil lawsuits, ranging from land disputes to inheritance squabbles, were a significant part of local court caseloads.

Don't miss out on the opportunity to gain comprehensive insights into the role of the courts in Qing society. Discover how even common peasants resorted to legal action to assert and protect their legitimate claims when community and kin mediation failed. This book presents the truth about the Qing legal system, debunking the notion that decent people abstained from using the courts.

Unveil the role of magistrates and their approach to civil disputes as you explore the intricate world of Chinese law. Contrary to the Qing state's portrayal of magistrates primarily serving as mediators, the actual records demonstrate that magistrates predominantly adhered to the stipulations in the Qing code when deciding cases. Gain a nuanced understanding of the Qing legal system and immerse yourself in the rich historical context with "Civil Justice in China: Representation and Practice in the Qing."

Ready to unravel the mystery behind the Qing legal system? Take a step closer to uncovering the truth by ordering your copy of "Civil Justice in China: Representation and Practice in the Qing" today!Click here to order now.

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