Village civil cases in the Qing Dynasty mainly dealt with households and marriage,land,and debts,etc.It was not uncommon for village disputes to end up in court,which functioned as a vent to release the sense of griev...Village civil cases in the Qing Dynasty mainly dealt with households and marriage,land,and debts,etc.It was not uncommon for village disputes to end up in court,which functioned as a vent to release the sense of grievance felt by the disputants.Seemingly trivial cases were thus not trivial at all for those concerned.Prefectural or county officials’mishandling of a petty civil case could spark village conflicts.As a consequence,such trials were seen as a sensitive issue in rural governance.After the 1860s,the unequal treaties had allowed Western missionaries to proselytize deep into the North China countryside,offering“political protection”for their converts in an attempt to maximize their number.The missionaries interfered extensively in village judicial actions,taking the side of their converts in civil lawsuits that pitted church members against ordinary people.This led to a general situation of“deceitful converts against honest men,”making the latter feel they were the victims of injustice.The channels that would have allowed the ordinary villagers to vent their grievances via litigation were thus blocked up.Their accumulated resentment burst its barriers and finally exploded in the violence of the Boxer Uprising.展开更多
The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international...The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.展开更多
文摘Village civil cases in the Qing Dynasty mainly dealt with households and marriage,land,and debts,etc.It was not uncommon for village disputes to end up in court,which functioned as a vent to release the sense of grievance felt by the disputants.Seemingly trivial cases were thus not trivial at all for those concerned.Prefectural or county officials’mishandling of a petty civil case could spark village conflicts.As a consequence,such trials were seen as a sensitive issue in rural governance.After the 1860s,the unequal treaties had allowed Western missionaries to proselytize deep into the North China countryside,offering“political protection”for their converts in an attempt to maximize their number.The missionaries interfered extensively in village judicial actions,taking the side of their converts in civil lawsuits that pitted church members against ordinary people.This led to a general situation of“deceitful converts against honest men,”making the latter feel they were the victims of injustice.The channels that would have allowed the ordinary villagers to vent their grievances via litigation were thus blocked up.Their accumulated resentment burst its barriers and finally exploded in the violence of the Boxer Uprising.
基金one of the interim results of “Research on the ‘Belt and Road Initiative’ and Legal Cooperation,” supported by the MOE Major Project of the Key Research Institute of Humanities and Social Sciences at Universities(No.:16JJD820009)
文摘The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.
