35 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
TitleShenkan nishi 審看擬式 [Models for Investigation of Cases]
Topic4.2 Magistrates handbooks: Handbooks for legal experts
Historical periodLate Qing (1797-1911)
CountryChinese
AuthorGangyi 剛毅
Publication typeWoodblock
Comment

A practical treatise of “Code studies,” expressing a concern with 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 recalls in his pref. his 15 years at the Ministry of Justice, his career in the provinces, and his previous publications on legal issues (he mentions Qiuyan jiyao and Muling xuzhi [qq.v.]). The work is intended for local officials to help them avoid relying exclusively on private secretaries and clerks to deal with their legal responsibilities. 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 training center for officials (課吏館) that Gangyi had established in Taiyuan 太原 (Shanxi). They are classified according to the ordering in the Code; the names of counties and of magistrates are replaced by mou 某. Ge Shida’s postf. 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 were handling; it insists that an official needs guides like this one, in the same way a worker needs well-sharpened tools to do a good job. Pengsheng Chiu (see below) emphasizes that the cases selected had not been rejected 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.

SubjectLaw
LanguageChinese
Call Numberoki B3841300
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