81 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
TitleQiushen shihuan bijiao cheng’an 秋審實緩比較成案 [Leading Cases on Execution and Deferment at the Autumn Assizes, Decided by Analogy]
Topic2.1 Judicial cases: general casebooks
Historical periodLate Qing (1797-1911)
CountryChinese
Year1873
AuthorSponsored by Yingxiang 英祥; comp. Lin Enshou 林恩綬; supervised by Li Xiangen 李仙根 and Wang Lantian 王藍田
Publication typeWoodblock
Comment

A collection of cases aimed at complementing the official rules issued by the Ministry of Justice (部定實緩章程) on the use of analogy to help provincial officials establish the lists of criminals proposed for immediate (情實) or deferred execution (緩決) at the autumn assizes by taking account of the more recent jurisprudence (see under Qiushen shihuan bijiao tiaokuan). Yingxiang brought to Sichuan, where he had been appointed surveillance commissioner, cases he had copied or collected when he served at the ministry. They mostly cover the period 1828-70. According to the prefs., these decisions, which resulted from the debates among the ministry’s high officials and had been approved by the emperor, are especially valuable for provincial officials because of their precision and fairness, but their consultation should be useful to magistrates as well. The materials were arranged by a legal secretary, Lin Enshou, who should be considered the actual compiler, though library catalogs put the work under the name of Yingxiang; the printing was supervised by two of Yingxiang’s colleagues, censor Li Xiangen 李仙根 and magistrate Wang Lantian 王藍田. J. 1 contains (1) “Deadlines for the Court and Autumn Assizes” (朝秋審截至日期); (2) Qiushen shihuan bijiao tiaokuan (q.v.), dealing, in that order, with crimes committed by officials and crimes involving people within the five degrees of mourning (職官服圖門), homicides (人命門), rapes, forcible robbery and theft having caused deaths (姦盜搶竊門), and “miscellaneous crimes” (雜項); (3) “Regulations on Pardoning or Deferring Execution in the Autumn Assizes” (秋審矜緩比較條款); and (4) “Regulations Concerning Crimes Related to Opium” (鴉片煙案章程), promulgated in 1841. J. 2-24 introduce the cases corresponding to these various categories, although not necessarily in exactly the same order. The cases are listed by type of crime and by name of criminal. For each type of crime the list of criminals is preceded by a quotation of the corresponding regulation, and the type of crime is indicated in the lower central margin, making consultation easier; for each entry the name of the criminal is followed by a short summary of the case and of the argument for the decision, printed in small characters; the decision is indicated in a black cartouche at the end, whether it followed the proposal (e.g., 照實) or reversed it (e.g., 改緩); the year and the province which submitted the case are indicated in the upper margin. Each chapter has a separate mulu (listing the types of crimes discussed) and there is a detailed mulu at the beginning. In the undated ms. at Ōki, j. 1 has only the list of deadlines and the regulations on immediate execution and deferment; the cases cover 1810-55, with the vast majority from the 1830s-40s. One notes that many Qing jurists (see prefs. to Qiushen shihuan bijiao cheng’an xubian) claimed that this anthology had cases until 1869, when in fact the different editions examined all include a number of cases from 1870.

SubjectLaw
LanguageChinese
Call NumberB3861200-00,B3861300-00
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