Trial of modernity : judicial reform in early twentieth-century China, 1901-1937

This is the first book in English on the Chinese judicial system and its operations in the Republican era, filling a large gap in the scholarship on modern China, Chinese law, Chinese legal history, and comparative law. It offers a richly-textured analysis of how judicial reform initiatives were envisioned and pursued by the central government from 1901 through 1937, how the various initiatives were, or failed to be, implemented at the provincial and county levels, and how the reform impacted judicial practices and power relationships in local society. Xu sheds new light on the reach of the Chinese state and on the complex interactions between the judicial field and administrative field within the state system, and between them and local society. In that context, he illuminates what judicial modernity actually meant for the Chinese state and society and why irregularities, abuses, corruption, and informal practices continued in spite of the reform. This Is The First Book In English On The Chinese Judicial System And Its Operations In The Republican Era, Filling A Large Gap In The Scholarship On Modern China, Chinese Law, Chinese Legal History, And Comparative Law. Author Xiaoqun Xu Offers A Richly Textured Analysis Of How Judicial Reform Initiatives Were Envisioned And Pursued By The Central Government From 1901 Through 1937, How The Various Initiatives Were - Or Failed To Be - Implemented At The Provincial And County Levels, And How The Reform Impacted Judicial Practices And Power Relationships In Local Society. The Book Sheds New Light On The Reach Of The Chinese State And On The Complex Interactions Between The Judicial Field And Administrative Field Within The State System, And Between Them And Local Society. It Is In This Context That Trial Of Modernity Illuminates What Judicial Modernity Actually Meant For The Chinese State And Society And Why Irregularities, Abuses, Corruption, And Informal Practices Continued In Spite Of The Reform. Thus, Xu's Account Provides A Timely And Significant Point Of Reference For Understanding The Legal-judicial Reform In Post-mao China.--book Jacket. Part I: Envisioning Reform From The Center. Western Models And Chinese Practices: The New Policy Decade -- Judicial Modernity As Performance Of Formality: The Beuyang Era -- Justice Under The Party-state: The Nanjing Decade -- Part Ii: Provincial Setting And Financial Constraints -- Provincial Institutions And Judicial Reform In Jiangsu -- Judicial Finance: Nation, Province, And County -- Part Iii: The County Judicial Process -- The Social Context Of County Judicial Functions -- Power And Justice In Local Society -- Prison Reform And County Jails -- Part Iv: Between Formalization And Informal Practices. Quick Justice: Punishing Robbers And Bandits -- The Praxis Of Petition And The Economy Of False Accusation. Xiaoqun Xu. Includes Bibliographical References (p. [357]-368) And Index. Title_Pages 1 Dedication 5 Map_and_Tables 7 Preface 9 Abbreviations 13 Introduction 15 Western_Models_and_Chinese_PracticesThe_New_Policy_Decade 36 Judicial_Modernity_as_Performance_of_FormalityThe_Beiyang_Era 65 Justice_Under_the_PartyStateThe_Nanjing_Decade 95 Provincial_Institutions_and_Judicial_Reform_in_Jiangsu 124 Judicial_FinanceNation_Province_and_County 158 The_Social_Context_of_County_Judicial_Functions 194 Power_and_Justice_in_Local_Society 226 Prison_Reform_and_County_Jails 254 Quick_JusticePunishing_Robbers_and_Bandits 282 The_Praxis_of_Petition_and_the_Economy_of_False_Accusation 307 Conclusion 334 References 340 Glossary 352 Index 356 This title explores the Chinese judicial system and its operations in the Rebulican era. It offers an analysis of how judicial reform initiatives were envisioned and pursued by the central government from 1901 through 1937, how the various initiatives were implemented at the provincial and county levels, and much more This book illuminates what judicial modernity actually meant to the Chinese state and society in the early twentieth century and how the judicial reform resulted in paradoxical consequences due to a lack of resources and a disjunction between the national reform agenda and local social ecology.