Download e-book for kindle: Legal Transplantation in Early Twentieth-Century China: by Michael H. K. Ng

Rules Procedures

By Michael H. K. Ng

ISBN-10: 0415713560

ISBN-13: 9780415713566

"Practicing law" has a twin which means during this booklet. It refers to either the occupational perform of legislation and the training of transplanted legislation and associations to ideal them.

The publication constitutes the 1st monographic paintings at the criminal historical past of Republican Beijing, and offers an in-depth and complete account of the perform of legislations within the urban of Beijing in the course of a interval of social transformation. Drawing upon unparalleled study utilizing archived files and different fundamental fabrics, it explores the issues encountered via Republican Beijing’s felony practitioners, together with attorneys, policemen, judges and criminologists, in making use of transplanted legislation and felony associations after they have been inapplicable to, incompatible with, or insufficient for resolving daily felony matters. those felony practitioners resolved the mismatch, the writer argues, via rather sensibly assimilating yes imperial legislation and customs and conventional criminal practices into the day-by-day workouts of the lately imported felony associations. Such efforts through indigenous criminal practitioners have been an important in, and an essential component of, the making of criminal transplantation in Republican Beijing.

This paintings not just makes major contributions to scholarship at the felony historical past of recent China, but additionally bargains insights into China’s quest for modernization in its first wave of criminal globalization. it truly is therefore of significant worth to criminal historians, comparative criminal students, experts in chinese language legislation and China reviews, and attorneys and legislation scholars with an curiosity in chinese language felony history.

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Additional info for Legal Transplantation in Early Twentieth-Century China: Practicing law in Republican Beijing

Example text

This switch is illustrated by the way in which confessions and other available evidence were considered in criminal trials. One of the key principles advocated by the DLCP was the elimination of the traditional over-reliance on the confessions of the accused. The imported DLCP required judges to consider and evaluate all available evidence, including but not limited to confessions. The principle of free evaluation of evidence was spelled out in Article 326 of the DLCP and its note on legislative reasoning.

Had the judges of early Republican China viewed themselves purely as radical advocates of the new system and of Western ideologies, their written judgments would not appear as they do in form, substance, or procedure. Many previous scholarly works have informed us that a binary division of the traditional and modern legal systems of China is an incorrect approach to defining the early twentieth century Chinese justice system in actual practice, and much has been done to help us understand the way in which both traditional practices and Western ideologies affected the development of the country’s legal culture in the early twentieth century.

Gamble Photographs, Duke University David M. Rubenstein Rare Book & Manuscript Library. Despite the almost constant financial pressure it faced, the Republican government continued to fund the soup kitchens predominantly from the police budget. On average, the police force handed out 350,000−400,000 meals per month from its seven centers. 2 Chinese cents and normally consisted of hot millet porridge and rice. 22 Provision of clothing The ordinary people of Beijing depended on warm clothing during the winter because the cost of fuel was high.

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Legal Transplantation in Early Twentieth-Century China: Practicing law in Republican Beijing by Michael H. K. Ng

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