175 documents
Unless otherwise specified, the descriptions of sources in this section are extracted from Pierre-Etienne Will and collaborators, Handbooks and Anthologies for Officials in Imperial China: A Descriptive and Critical Bibliography, 2 vols., Leiden: Brill, 2020
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Description
documentTypeBook
TitleDulü xinde 讀律心得 [Knowledge acquired from Reading the Law]
Topic4.2 Magistrates handbooks: Handbooks for legal experts
Historical periodLate Qing (1797-1911)
CountryChinese
AuthorLiu Heng 劉衡
CollectionGuanzhen shu jicheng 官箴書集成
Number of volume6
Publication typeWoodblock
Comment

A short and at the same time extremely useful practical guide to the judicial process, written for magistrates by the celebrated author of Yongli yongyan (q.v.). J. 1, titled “Li song cuoyao” 理訟撮要, discusses the procedures for settling lawsuits and investigating criminal cases taking account of the various possible circumstances; at the beginning there is a summarized list of contents rearranged according to principles specified at the end of each group of considerations (in a way similar to Yang Rongxu’s Dulü tigang [q.v.]). J. 2, titled “Tongyong niduan zuiming” 通用擬斷罪名, focuses on determining penalties; the rules for increasing or diminishing punishment are presented in table form at the end. J. 3, “Xiangxing suibi” 祥刑隨筆, discusses the procedural rules for questioning and using torture, holding court, and inflicting local punishments. The statutes and substatutes in the Code that the magistrates should consult in carrying out these procedures are footnoted to each short entry, with occasional small variants of the original text. Protecting against pettifoggers and corrupt underlings (防棍蠹) and being cautious with torture (慎用刑) are a frequent subject. According to Liu Liangju’s postf., the work was written by Liu Heng while he was assisting his great-uncle in Xi’an 西安 prefecture (see bio. under Yongli yongyan); he used it as an aid when holding court in Chengdu 成都 around 1830. Indeed, it can be described as a sort of magistrate’s checklist to ensure that all the relevant laws and regulations have been considered in making a judicial decision. The manuscript copy that Liangju brought back to Beijing was much in demand for further copies by acquaintances leaving to assume a post. A printed ed. was produced in 1836 after several colleagues of Liu Liangju who had been employed in the Ministry of Justice had checked the text against current laws.

SubjectLaw
LanguageChinese
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