1877 - The Last Glories of Imperial Justice - The Case of Yang Naiwu in Late Qing Wrongful Trials

Author: Lu Yongdi
Publisher:
Publishing Date: 2006-11-01
Features: The ancient city of Yuhang in the Jiangnan region was established as a county during the second year of Emperor Yingzheng of the Qin Dynasty. Five thousand years ago, it nurtured the "Liangzhu Culture," which is hailed as the dawn of Chinese civilization. In modern times, it has given rise to many historical figures, such as Zhang Taiyan. However, Yuhang remains relatively unknown, and few people associate the Liangzhu Culture or Zhang Taiyan with Yuhang. Even fewer know about the Liangzhu Culture or Zhang Taiyan. In the 1980s, the popular TV series Yang Naiwu and the Green Vegetable broadcasted by CCTV brought Yuhang and the mysterious case into the homes of millions. This is the power of a classic case! But like the various forms of artistic works that have emerged around the case over the past century, the TV series Yang Naiwu and the Green Vegetable has rekindled public interest in this case, which was ranked as the first of the "Four Great Injustices of the Late Qing," while still failing to provide answers to why the injustice occurred, developed, and ultimately was rectified. It merely retold a different version of the Yang case using the power of modern media. Perhaps such answers can only be found in specialized works. But unfortunately, due to the case's complexity and the numerous issues it involves, or perhaps because scholars often focus on macro narratives and are reluctant to delve into specifics, the more significant reason may be that many believe the case's trial process already reveals the answers, rendering it of little research value. As a result, it is difficult to find comprehensive, multi-perspective research on this case. Of course, the most likely reason is my own limited knowledge! However, a small county in the Jiangnan region, a tofu workshop laborer who died of illness, could have sparked a major case that shocked the court and society, with its influence lasting to this day. There must be many factors worth pondering and analyzing for future generations. We can see that the case lasted over three years, spanning the Tongzhi and Guangxu reigns, with a highly convoluted trial process involving all aspects of late Qing criminal proceedings. From local county magistrates, provincial officials, and provincial inspectors to central ministries, court officials, and even petty forensic experts, and up to the Empresses Dowager, all played crucial roles in the case. Moreover, the case's plot was full of twists and turns, featuring elements of scholars and beauties, official corruption, and injustice. There was also the emerging media Shanghai Gazette, which closely followed the case. In short, this case is the most vivid, concentrated, and comprehensive embodiment of the late Qing judicial system. It provides a detailed examination of important topics such as the judicial responsibilities of local and central authorities, rules of evidence like torture and autopsies, and the review and systems of initial trials, appeals, and capital punishment. The case also reveals the struggles between local and central judicial powers during the decline of the dynasty, as well as the corruption in the officialdom and the power struggles between the central and local authorities during the waning days of the empire. Therefore, I believe that just as artistic works have used this case as a classic subject, its value for the study of late Qing political history, legal history, and social history is also very high.
I came across this topic purely by chance! After more than ten years as a judge in the provincial high court, I was assigned by the organization to serve as a government leader in Yuhang in July 2003. This experience was quite unique, always reminding me of the ancient Chinese county magistrates who held both administrative and judicial responsibilities. Soon after arriving in Yuhang, I attended the opening ceremony of the "Yang Naiwu and the Green Vegetable Injustice Exhibition Hall," which can be said to be my first encounter with the real Yang Naiwu and the Green Vegetable case, rather than a fictionalized version. This specialized exhibition hall was built by a visionary and renowned entrepreneur from Yuhang at a cost of tens of millions of yuan. The wax figures inside are lifelike, and the scenes of the case are meticulously recreated. I noticed that although what was presented was not a fictional story but serious history, it seemed to lack an exploration of why the injustice occurred, developed, and ultimately was rectified, and what the historical inevitability and contingency behind it were. Turning back, I began to gather relevant materials and found the regret I mentioned earlier. I wanted to find answers, which led to the somewhat awkward manuscript you see today. The reason I titled the book The Twilight of Imperial Justice in 1877 is that the late Qing period was marked by a surge in injustices and the desperate attempt to revitalize imperial power and rectify wrongs, giving us a sense of twilight. Based on this understanding, the book is divided into three parts to comprehensively and deeply examine the course of the case, the formation, development, and rectification of the injustice. The first part introduces the case's origins and the trial procedures for capital cases in the late Qing Dynasty. The second part, spanning five chapters, argues for the inevitability of the injustice from five perspectives: the inherent logic of the injustice, the incompetence of officials and corruption in the bureaucracy, the manipulation by and the protection of the, the greed of petty officials and the indulgence of the local government, and torture and injustice. The third part explores the real reasons behind the case's eventual rectification in four chapters: the court's determination to restore control over capital punishment, the power of the scholar-official Yang Naiwu who saved himself, the influence of the media Shanghai Gazette and the pressure from the authorities, and the lingering legacy of the system on the path of appeals. Due to my limited knowledge, especially in history and law, the writing process often felt strained, and the content may not be without flaws. But I firmly believe that such exploration is meaningful, whether for clarifying history or for illuminating the present. The completion of this manuscript is like the birth of a child—it brings immense joy that words cannot fully express. But what I most want to say is my heartfelt gratitude to the leaders and friends who have given me selfless help in the process of gathering materials, writing, and publishing. I fear that listing them all would be impossible, so I want to say that without your help, this book would not have been possible. I will always be grateful to you!