Civil Law of the Qing Dynasty

Author: Kazita Man
Publisher:
Publish Date: 2003-05-01
Features: The Republican era was a foundational period for modern Chinese law. During this time, not only were several significant monographs published, such as Wang Shi-jie and Qian Duan-sheng's Comparative Constitution, Hu Chang-qing's General Principles of Chinese Civil Law, Huang You-chang's Roman Law and Modernity, Yang Hong-lie's History of the Development of Chinese Law, Cheng Shu-de's Laws of the Nine Dynasties, and Qu Tong-zu's Chinese Law and Chinese Society, but also approximately over 400 foreign legal translations were introduced, such as Komeiji Tatsukichi's Evolution of Law and Moro Smith's History of the Development of Continental Law. These works are an important part of the legacy of modern Chinese law. It is concerning that, due to their age, these translations have gradually become lost. Even the small number that have been preserved are often fragile and brittle due to poor printing quality and inferior paper quality, making them difficult to access. Additionally, these works are generally kept as library collections, preserved only in a few major libraries across the country, making it hard for ordinary readers to consult them.
Part I: An Overview of Administrative Law
This part is divided into seven chapters: Administrative Law and Its Agencies, Administrative Agencies, Administrative Acts, Administrative Actions, Administrative Enforcement, Administrative Supervision, and Administrative Remedies. It elaborates on the following fundamental theoretical issues of administrative law: the meaning and classification of administration; the relationship between administration, legislation, and judiciary; the nature and sources of administrative law.
Part II: Sources of Chinese Administrative Law
This part is divided into three chapters: Introduction, Written Law, and Unwritten Law. Its specific content covers the following aspects: the historical evolution of Chinese law and the classification of legal sources; the nature and compilation of the Da Qing Hui Dian and Da Qing Lu Li; the nature and compilation of Zeli; the nature of provincial regulations, imperial decrees, and notices; the formulation, abolition, modification, and promulgation of written law; the nature and effect of unwritten law, such as case precedents, customs, scholarly opinions, and legal principles.
Part III: Administrative Organization
This part is divided into seven chapters: General Principles, The Imperial Family, Government Offices, Central Government Offices, Local Government Offices, Feudal Departments, and Local Self-Government. It thoroughly explains the following aspects: the traditional characteristics of Chinese administrative organization; the distinctive features of Qing administrative organization; the challenges of administrative reforms at the end of the Qing Dynasty; the status and privileges of the emperor; imperial succession; the ceremonial rites for the coronation of empresses; the titles of the retired emperor (taishang huangdi) and the empress dowager (taihou huanghou).
Part IV: Civil Service Law
This part is divided into seven chapters: General Principles, Civil Servants, Military Officials, Civil Service Status, Civil Service Rights, Civil Service Duties, and Civil Service Responsibilities. It covers the following aspects: the basic qualifications for holding office; the types of civil service positions; the appointment of civil servants; the types of military service positions; the appointment of military officials; the promotion, demotion, (huibi) (recusal), mourning periods, and retirement of civil servants; specific privileges and courtesies for civil servants; salaries, pension levels, and allowances for civil servants.
Part V: Adjudicative System
This part is divided into four chapters: General Principles, Ordinary Courts, Specialized Courts, and Litigation Procedures. It elaborates on the following specific content: the types and ranks of courts; the jurisdiction of courts; the supervision of courts; the organization and authority of ordinary courts at various levels; the organization and authority of specialized courts, such as imperial family courts, palace courts, and banner courts; litigation procedures, including the acceptance of cases, judgments, and enforcement.