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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
TitleShenkan nishi 審看擬式[Proposing Formulas for Investigating Cases]
Topic4.2 Magistrates handbooks: Handbooks for legal experts
Historical periodLate Qing (1797-1911)
AuthorGangyi 剛毅
Publication typeWoodblock
CommentRem.: A treatise of “Code studies”, expressing a concern for both arithmetical precision in dealing with punishments and the enhancement of legal knowledge, since the latter makes it possible to bridge actual cases and the text of the law. The author (who also published several other works, such as the Muling xuzhi [q.v.]) is here introduced as a specialist of the bureau in charge of the Autumn Assises at the Ministry of Justice (in which quality he compiled the Qiuyan jiyao, q.v.), and the governor of Shanxi. The work is intended not only for penal code specialists, but also for whoever cares about good government, especially the local officials who insist on not leaving everything to their private secretaries [reprendre avec la préface]. J. shou features methodological essays that are reminiscent of Yong Rongxu’s Dulü tigang (q.v.): on the meaning of certain phrases in the Code (論律義), on the main categories of crimes (論案情), and on how to record confessions (論敘供) ; j. 1-4 feature more than 80 judgment proposals by magistrates (opening with the words shenkan de... 審看得) selected from the files of the official training center (keli guan 課吏館) that Gangyi had established at Jinyang, i.e. Taiyuan (Shanxi). They are classified according to the order of the Code; the names of the counties and of the magistrates are replaced by mou 某. Ge Shida’s postface indicates that the work (which as a private secretary he was entrusted by Gangyi to edit and print for distribution as a model) resulted from the daily discussions Gangyi had with his subordinates concerning the cases they had to treat; it insists that an official needs guides like this one, in the same way that a worker needs well-sharpened tools to do a good job. Pengsheng Chiu (see below) emphasizes that the cases selected were cases that had not been rebutted by the higher courts; in other words, they were meant to teach local officials to make correct judgments in accord with procedure and with received legal reasoning. [phtc. p. de titre, j. shou, et postface]
Ed.:*1889 Jiangsu shuju ed. 刊於江蘇書局, with author’s preface (1887) and juan mo 末 containing Ge Shida’s Ge Shida 葛士達 Shenkan lunlüe shize 審看論略十則 and his postface (1887). [*Beitu fenguan] [*Fu Sinian] [*Harvard] [Ōki (*base Tbka)]

SubjectLaw
LanguageChinese
Call Numberoki B3841300
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