Civil Law In Qing And Republican China PDF Download
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Author | : |
Publisher | : Stanford University Press |
Total Pages | : 358 |
Release | : 1994-08 |
Genre | : Law |
ISBN | : 0804779279 |
Download Civil Law in Qing and Republican China Book in PDF, ePub and Kindle
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 |
Total Pages | : 340 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9780804722742 |
Download Civil Law in Qing and Republican China Book in PDF, ePub and Kindle
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 | : |
Total Pages | : 340 |
Release | : 1997 |
Genre | : Civil law |
ISBN | : 9789576384004 |
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Author | : Philip C. Huang |
Publisher | : Stanford University Press |
Total Pages | : 261 |
Release | : 2001 |
Genre | : Law |
ISBN | : 0804741115 |
Download Code, Custom, and Legal Practice in China Book in PDF, ePub and Kindle
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 | : Philip C. C. Huang |
Publisher | : Stanford University Press |
Total Pages | : 290 |
Release | : 1996 |
Genre | : History |
ISBN | : 9780804734691 |
Download Civil Justice in China Book in PDF, ePub and Kindle
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 | : Jennifer M. Neighbors |
Publisher | : BRILL |
Total Pages | : 281 |
Release | : 2018-04-17 |
Genre | : Law |
ISBN | : 900433016X |
Download A Question of Intent Book in PDF, ePub and Kindle
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 | : |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 576 |
Release | : 2012-11-13 |
Genre | : Law |
ISBN | : 9004204881 |
Download Towards a Chinese Civil Code Book in PDF, ePub and Kindle
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 | : Vai Io Lo |
Publisher | : Edward Elgar Publishing |
Total Pages | : 200 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 1785363093 |
Download Law and Society in China Book in PDF, ePub and Kindle
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.
Author | : Hongyi Chen |
Publisher | : Butterworth-Heinemann |
Total Pages | : 360 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
Download An Introduction to the Legal System of the People's Republic of China Book in PDF, ePub and Kindle
Author | : Hao Jiang |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2023-09-30 |
Genre | : Law |
ISBN | : 1009336649 |
Download The Making of the Chinese Civil Code Book in PDF, ePub and Kindle
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.