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.
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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Civil Justice in China: Representation and Practice in the Qing
288![Civil Justice in China: Representation and Practice in the Qing](http://img.images-bn.com/static/redesign/srcs/images/grey-box.png?v11.10.4)
Civil Justice in China: Representation and Practice in the Qing
288Hardcover(1)
Product Details
ISBN-13: | 9780804727402 |
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Publisher: | Stanford University Press |
Publication date: | 12/01/1996 |
Series: | Law, Society, and Culture in China |
Edition description: | 1 |
Pages: | 288 |
Product dimensions: | 6.00(w) x 9.00(h) x 1.00(d) |