1877 Twilight of Imperial Justice: The Case of Yang Naiwu in Late Qing's Injustices

Author: Lu Yongdi
Publisher:
Publishing Date: November 1, 2006
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 gave birth to many historical figures, such as Zhang Taiyan. However, Yuhang remains relatively unknown, and few people associate Liangzhu Culture or Zhang Taiyan with Yuhang. In fact, many people are not even familiar with Liangzhu Culture or Zhang Taiyan. It wasn’t until the 1980s, when the popular TV series Yang Naiwu and the Green Pea was broadcast by CCTV, that Yuhang entered households alongside the mysterious case. This is the power of a classic case! Like various forms of artistic works that emerged around the case over the past century, the TV series Yang Naiwu and the Green Pea not only rekindled public interest in this case, which was ranked as the first of the four major injustices of the late Qing Dynasty, but also failed to provide answers to why the injustice occurred, developed, and ultimately was rectified. It merely used the power of modern media to retell a different version of the Yang case. Perhaps such answers can only be found in specialized works. But unfortunately, due to the case’s complexity and the numerous issues it involved, or perhaps because scholars mostly focused on macro narratives and were reluctant to delve into specifics, the more significant reason may be that many believed the case’s trial process already revealed the answers, leaving little research value. As a result, it is difficult to find comprehensive, multi-faceted 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 assistant who died of illness, could stir such a case that shook the court and its influence continues 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 justice. From local county magistrates, provincial and regional officials, to central ministries, grand secretariats, and military cabinets, and even down to minor forensic experts, all played crucial roles in the case. Moreover, the case was full of twists and turns, featuring elements of scholars, beauties, and official injustices. There was also the emerging media Shanghai Daily, which closely followed the case. It can be said that this case is the most vivid, concentrated, and comprehensive embodiment of the Qing Dynasty’s judicial system. Especially for issues such as the judicial responsibilities of local and central authorities, the rules of evidence like torture and autopsies, and the review and procedures of initial trials, appeals, and imperial reviews, almost all important topics of late Qing judicial systems and operations can be thoroughly examined here. Additionally, the rise of corruption in the court during the decline of the dynasty and the struggle for judicial power between local and central authorities during the waning days of imperial rule can all be traced here. Therefore, I believe that just as artistic works have used this case as a classic subject, its value for research on late Qing political, legal, and social history is also very high.
My encounter with this topic and my bold attempt to write about it were purely accidental! After a decade-long career as a judge in the provincial high court, I was assigned to Yuhang as a government leader 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 Pea Injustice Exhibition Hall. It can be said that this was my first encounter with the real Yang Naiwu and the Green Pea case, not a fictionalized version. This exhibition hall, built by a visionary and wealthy entrepreneur in Yuhang at a cost of tens of millions of yuan, features lifelike wax figures and meticulously recreated scenes of the case. I noticed that although it presented a serious historical account rather than a fictionalized story, it seemed to lack an exploration of why the injustice occurred, developed, and ultimately was rectified, and what the underlying historical inevitability and contingency were. Looking back, I began collecting relevant materials and found the shortcomings I mentioned earlier. I wanted to find answers, which led me to write this humble draft. The title The Twilight of Imperial Justice in 1877 was chosen because the proliferation of injustices and the desperate attempt to restore imperial authority and rectify wrongs during the late Qing Dynasty’s decline gave 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 and the causes of the injustice, its development, and its eventual rectification.
The first part introduces the case’s origins and the trial procedures for capital offenses in the 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 court, the manipulation by and the protection of the, the greed of and the indulgence of the, and torture and injustice. The third part explores the real reasons behind the case’s eventual rectification through four chapters: the court’s determination to restore control over capital punishment, the power of the scholar-officials, the influence of the media (Shanghai Daily), and the lingering effects of the system on the path to imperial appeal.
Due to my limited knowledge, especially in history and law, I often felt stretched thin during the writing process, and the content may not meet expectations. However, I firmly believe that such exploration is meaningful, whether for clarifying history or for reflecting on the present. The completion and publication of this book are like a child’s birth, and the joy is indescribable. But what I most want to say is my heartfelt gratitude to all the leaders and friends who provided during the process of collecting materials, writing, and publishing. I fear listing them all would be impossible, but I want to say that without your help, this book would not have been possible. I will always be grateful to you!