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Vol 23 No 5 May/June 2018

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Code, Custom and Legal Practice in China

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Philip C.C. HuangUniversity of California, Los Angeles, USA

ISBN13: 9780804741101
ISBN: 0804741107
Published: January 2001
Publisher: Stanford University Press
Format: Hardback
Price: £41.00



Despatched in 13 to 15 days.

Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.;The book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code s intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.

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Subjects:
Other Jurisdictions , China
Contents:
1. Introduction
Part I. From Qing to Guomindang Law: 2. Civil law in the late Qing and the early republic: the revised Qing code; 3. Institutional and procedural changes in the late qing and the early republic; 4. The Guomindang civil code of 1929-30
Part II. Qing and Guomindang Civil Justice Compared: 5. Dian; 6. Topsoil ownership; 7. Debt; 8. Old-age support; 9. Women's choices under qing law: marriage and illicit sex; 10. Women's choices under Guomindang law: marriage, divorce, and adultery; 11. Conclusion; Appendix; References; Character list; Index.