This article examines the intense debates over the New Criminal Code of Great Qing(Da-Qing xin xinglü)in the National Assembly(Zizheng yuan)during the Qing empire’s New Policy Reform(1901–11).The focus is on th...This article examines the intense debates over the New Criminal Code of Great Qing(Da-Qing xin xinglü)in the National Assembly(Zizheng yuan)during the Qing empire’s New Policy Reform(1901–11).The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations,especially over reform of the laws on filial piety and fornication.The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that“ruled through the principle of filial piety”into a modern nation-state that had direct relationships with its citizens.More importantly,an analysis of the late Qing debate over family law enables this article to problematize such concepts as“Chinese”and“Western”during this crucial moment of China’s empire-to-nation transformation.It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.展开更多
This paper examines early nineteenth century legal cases in which Qing jurists had to determine a just way to punish a male offender who had murdered a man in order to defend himself against rape. Earlier, in the eigh...This paper examines early nineteenth century legal cases in which Qing jurists had to determine a just way to punish a male offender who had murdered a man in order to defend himself against rape. Earlier, in the eighteenth century, jurists judging such cases exhibited considerable skepticism that same-sex rape had occurred. They regarded the claim of rape as an excuse offered by the murderer, demanded an extraordinary measure of proof that there had been a rape, and pun- ished the murderers harshly. But over time, as illustrated in model cases gathered together in the Xing＇an huilan ~lj~ or Conspectus of Punishment Cases, various officials pursuing their judicial responsibilities came to acknowledge a broader range of possible circumstances in which same-sex rape might have occurred and hence showed greater leniency to males who claimed to have tour- dered because they had been raped or judicial practice came to a climax in 1825 threatened with rape. This evolution in when the Court of Revision petitioned the Emperor to approve even greater leniency but the Board of Punishments refuted the argument.展开更多
文摘This article examines the intense debates over the New Criminal Code of Great Qing(Da-Qing xin xinglü)in the National Assembly(Zizheng yuan)during the Qing empire’s New Policy Reform(1901–11).The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations,especially over reform of the laws on filial piety and fornication.The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that“ruled through the principle of filial piety”into a modern nation-state that had direct relationships with its citizens.More importantly,an analysis of the late Qing debate over family law enables this article to problematize such concepts as“Chinese”and“Western”during this crucial moment of China’s empire-to-nation transformation.It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.
文摘This paper examines early nineteenth century legal cases in which Qing jurists had to determine a just way to punish a male offender who had murdered a man in order to defend himself against rape. Earlier, in the eighteenth century, jurists judging such cases exhibited considerable skepticism that same-sex rape had occurred. They regarded the claim of rape as an excuse offered by the murderer, demanded an extraordinary measure of proof that there had been a rape, and pun- ished the murderers harshly. But over time, as illustrated in model cases gathered together in the Xing＇an huilan ~lj~ or Conspectus of Punishment Cases, various officials pursuing their judicial responsibilities came to acknowledge a broader range of possible circumstances in which same-sex rape might have occurred and hence showed greater leniency to males who claimed to have tour- dered because they had been raped or judicial practice came to a climax in 1825 threatened with rape. This evolution in when the Court of Revision petitioned the Emperor to approve even greater leniency but the Board of Punishments refuted the argument.
