128 documents
Unless otherwise specified, the descriptions of sources in this section are extracted from Pierre-Etienne Will and collaborators,Official Handbooks and Anthologies of Imperial China: A Descriptive and Critical Bibliography (Leiden: Brill, forthcoming).
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Description
documentTypeBook
TitleGesheng xingbu an 各省刑部案 [Cases Referred to the Ministry of Justice by the Various Provinces]
Topic2.2 Judicial cases: Local casebooks
Historical periodUnknown
CountryChinese
Reprint (year of)2005
AuthorAnonymous
CollectionLidai panli pandu 歷代判例判牘
Volume12
Number of volume6
Publisher中國社會科學出版社
Place of publication北京
Publication typePrint
Comment

334 short cases involving serious punishment, submitted to the Ministry of Justice by governors and governors-general, are included in the extant fascicles. They are arranged in the order of statutes in the Code. Almost all the cases deal with the “Justice” part of the Code (刑律); only the last two are listed under a law belonging to the part on “Public Works” (工律); another one refers to a statute in the part on “Revenue” (戶律), but for some reason it appears in the middle of statutes belonging to “Justice” (p. 788 in the Lidai panli pandu ed.). Some statutes have only one case listed under them, while others have more than fifty. The type of crime (罪名) is indicated in the central margin. Each case is captioned with the name of the ministry bureau that dealt with it (corresponding to the province where it occurred), the year (with some exceptions), and the name of the criminal. It consists of a short summary of the crime or offense, followed by a sentence proposal based on existing statutes or substatutes (依…律/例) or, as the case may be, on analogy (比照…律/例), sometimes arguing that “there is no article in the law on which the case can be adjudicated” (律無治罪正條), or a similar phrase. A few cases end with the ministry’s considerations or with the emperor’s final decision modifying the proposed sentence. The collection was apparently compiled to serve as a guide for proposing judgments based on analogies. Only a few cases are dated to the first few years of the Daoguang reign; nearly all of the others are dated with a year number without indication of the reign; as these numbers range from 18 to 25 and from 1 to 3, it can be concluded that the collection covers the year JQ 18 to DG 3 (1813-1823). This is confirmed by looking at the cases also found in Xing’an huilan (q.v.).

SubjectLaw
LanguageChinese
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