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Law, Resources and Time-Space Constructing - Internal Evolutionary Logic for Chinese Judiciary During the 19th Century (Hardcover, 1st ed. 2021)
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Law, Resources and Time-Space Constructing - Internal Evolutionary Logic for Chinese Judiciary During the 19th Century (Hardcover, 1st ed. 2021)
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This book studies the judicial evolution of the Qing Dynasty. It
sums up the changes from six major aspects: 1. Banfang( )emerged in
the late Qianlong period; 2. The opening of capital appeals( )early
in Jiaqing's reign; 3. The consular jurisdiction was established
during Daoguang's reign; 4. The execution on the spot ( )was
started in Daoguang and Xianfeng periods; 5. The introduction of
fashenju ( ,a interrogatory court) happened during Tongzhi's reign;
6. Late in Guangxu's reign, banishment was abolished, and reforms
were made for prisons. In the past, people did not have a
comprehensive understanding of these big changes. From the
perspective of legal culture, scholars often criticize traditional
Chinese law focuses on criminal law while ignores civil law in
terms of legal culture, but this situation can be explained in part
by the inadequate allocation of resources and authoritarian
resources in traditional societies. Using a large number of
archives and precious materials such as private notes that were not
noticed by academics in the past, this book adopts the research
path of new historical jurisprudence to explore the inner logic of
judicial evolution in the Qing Dynasty, focusing on the triangular
connection between legal rules, resources, and temporal and spatial
constructions, which is an important contribution to the study of
traditional Chinese law.
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