83 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]
Topic2.1 Judicial cases: general casebooks
Historical periodLate Qing (1797-1911)
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
CommentRem.: A collection of cases aimed at complementing the official rules edicted by the Ministry (Buding shihuan zhangcheng 部定實緩章程) on the use of analogy to help provincial officials establish the lists of criminals proposed for immediate (qingshi 情實) or deferred execution (緩決) at the Autumn assizes by taking account of the more recent jurisprudence (see under Qiushen bijiao shihuan tiaokuan). Yingxiang brought to Sichuan, where he had been appointed provincial judge, the cases which he had copied or collected when he served at the Ministry of Justice. They cover mostly the period 1828-1870. According to the prefaces these decisions, which resulted from the debates of the Ministry’s high officials and had been approved by the emperor, are especially precious for provincial officials because of their precision and fairness, but their consultation should be useful to magistrates a well. The materials were arranged by a private secretary, Lin Ershou, who should be considered the actual compiler even though library catalogues put the work under the name of Yingxiang; the publication was supervised by two of Yingxiang’s colleagues, Censor Li Xiangen 李仙根 and Magistrate Wang Lantian 王藍田. The cases date to the Daoguang, Xianfeng and early Tongzhi period. J. 1 contains (1) the deadlines for the Court and Autumn assizes (朝秋審截至日期); (2) the “Rules on Confirming or Postponing Execution in the Autumn Assizes” (秋審實緩比較條款), mentioned above, dealing, in that order, with crimes committed by officials and crimes committed inside the mourning system (職官服圖門), homicides (人命門), rapes, burglary and theft having caused deaths (姦盜搶竊門), and “various crimes” (雜項); (3) the “Rules on Pardoning or Postponing Execution in the Autumn Assizes” (秋審矜緩比較條款); and (4) the regulations concerning crimes related with opium (鴉片煙案犯), 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 summary of the affair 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 only has the list of deadlines and the regulations on immediate execution and deferment; the cases cover the period 1810-1855, with the vast majority from the 1830s-40s. One may note that many Qing jurists (see the prefaces in the next entry) claimed that this anthology had cases until 1869 (Tongzhi 8), when the different editions examined all include a number of cases from 1870. (phtc. préf. et extraits 犯姦) (phtgr. p. de titre).
Ed.: This is 1873 ed. of the Sichuan Provincial Judge Office 四川臬署存板, title Qiushen cheng’an on the cover-leaf, with prefaces by Yingxiang (1872) and Lin Enshou (n.d.). [BN, à voir] [*Faxue suo] [*Ōki] [*Beida].
SubjectLaw
LanguageChinese
Call NumberB3861200-00,B3861300-00
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