Author: Na Silu, Fan Zhongxin, You Chenjun / Country: Mainland China
Publisher:
Publishing Date: 2006-06-01
Features: This book consists of five chapters: "Introduction," "County and Prefecture Magistrate's Offices," "Criminal Trial Procedures," "Civil Trial Procedures," and "Conclusion." Among these, Chapter 3, "Criminal Trial Procedures," is the most extensive, accounting for over two-thirds of the entire book. In terms of chapter layout, Professor Na has been influenced by Tao Xisheng. For example, the content of Chapter 2, "County and Prefecture Magistrate's Offices," aligns closely with the section on "The Organization of County and Prefecture Magistrate's Offices" in Tao Xisheng's works. However, Tao Xisheng's narrative is broader (he introduced nine categories of personnel associated with county and prefecture magistrate's offices, namely: the county magistrate, cangli, shuyi, muyou, changsong, wuzuo, buyi, yusu, and jiaxin). In contrast, Professor Na Silu selects only four categories of personnel particularly relevant to county and prefecture trials—namely: the county magistrate (or prefect), muyou, xuli, and chayi—for detailed discussion. Professor Na dedicates considerable space to elaborating on the historical evolution, classification, and responsibilities (or duties) of these four occupational groups, especially systematically organizing their close connections with judicial trials.
Additionally, like Tao Xisheng, Professor Na emphasizes the importance of criminal trial procedures in the Qing Dynasty, dedicating significant attention to a meticulous examination of the Qing criminal trial procedures. In Chapter 3, "Criminal Trial Procedures," Professor Na first explores the roles of the plaintiff, defendant, and other litigants such as representatives (daogao), scribes (daishu), and legal advisors (songshi) in a general discussion, while also elaborating on jurisdiction, recusal, fees, complaint formats, and evidence. In the subsequent sections, he comprehensively examines various aspects of the Qing local criminal trial system under the titles of "Pre-Trial Procedures," "Trial Procedures," "Re-examination Procedures," "Autumn Review Procedures," and "Execution."
Qing Dynasty prefectural and county government offices
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