By Philip C. C. Huang
ISBN-10: 0742567699
ISBN-13: 9780742567696
ISBN-10: 0742567710
ISBN-13: 9780742567719
The fruits of two decades of analysis, this crucial ebook completes distinctive historian Philip C. C. Huang's pathbreaking trilogy on chinese language legislations and society from past due imperial instances to the current. Huang indicates how, on the point of ideology and concept, conventional chinese language legislation has been rejected many times long ago century by way of China's personal lawmakers, first within the overdue Qing and the republic, then within the innovative and Maoist classes of the People's Republic, and eventually back within the present reform period. contemplating felony idea on my own, smooth chinese language legislations can basically be Western legislation, and previous chinese language law—traditional or Maoist—can don't have any position below the leadership's present preoccupations with modernization and marketization.
But what has really occurred traditionally on the point of judicial perform and the day-by-day lives of universal humans? In exploring this vital query, Huang attracts on a wealthy array of courtroom documents and box interviews to demonstrate the miraculous energy of conventional chinese language civil justice. Albeit a lot altered, its legacy may be traced in casual and semiformal group justice (e.g., societal and cadres mediation), in addition to in a number of spheres of court-administered formal civil justice, together with estate rights, inheritance and old-age upkeep, and debt tasks. He additionally identifies the effect of Maoist justice, in particular its divorce and civil courtroom mediation practices. eventually, regardless of the reform era's great importation of Western legislation, felony reasoning hired in judicial perform has proven awesome continuity, with significant implications for China's destiny felony system.
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Extra info for Chinese Civil Justice, Past and Present (Asia Pacific Perspectives)
Sample text
To take the United States as an example, despite the nearly halfcentury old movement for “alternative dispute resolution” (ADR), mediation still figures far less prominently than in China. When confronted with a dispute, most people still do not think of mediation as an option. In the face of serious threats to one’s interests, most people will still see litigation as the only recourse. So-called arbitration is in large measure really a discounted trial that cuts costs by the use of retired judges and substitute “courtrooms”; its principle of operation remains basically the same as that of the court system, to arrive at a winner and a loser.
This chapter starts with materials on the 1920s to the 1940s from on-site field investigations. After comparing them with records of court cases from the same period, and then with those from the same locality in the Qing period, it will seek to establish in broad strokes a baseline picture of community mediation in the prerevolutionary countryside to serve as our point of departure. Information is rather scarce for earlier periods, but we will look also briefly at some recent findings for the Huizhou area in the Ming and early Qing, to lend some measure of greater time depth to this discussion.
In Shunyi County, old-age maintenance disputes accounted for seven of the thirty (23 percent) lawsuits (related to inheritance–old-age support); in Qing Baodi, three of twelve (25 percent). What needs to be discussed separately here are two spheres in which the new code made new provisions. First was marriage. The new 1930 code provided for gender equality in the letter of the law. But, in real life, its effect in the countryside lagged far behind the towns and cities. In our three villages, there was just one instance of a woman (in Houjiaying) petitioning for divorce, and that was because her husband had gone away to seek work more than ten years ago and had not been heard from since (KC, 5: 139–40).
Chinese Civil Justice, Past and Present (Asia Pacific Perspectives) by Philip C. C. Huang
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