This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understoo...This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understood by evaluating only published sources, and that a thorough understanding of dispute mediation techniques must serve as a foundation for assessing the historical importance of the law. It offers a description of Qing insolvency dispute practices by providing an analysis of cases from the Ba county archives. The results of that analysis suggest that, although the Qing Bankruptcy Code was repealed soon after its introduction, the reform ambitions behind the new legislation were realized through the implementation of another New Policy reform, which allowed chambers of commerce to resolve bankruptcy disputes differently. This conclusion suggests that the basic vision of the Qing economic reforms of the New Policy movement had more of a lasting impact than has been assumed to date.展开更多
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
文摘This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understood by evaluating only published sources, and that a thorough understanding of dispute mediation techniques must serve as a foundation for assessing the historical importance of the law. It offers a description of Qing insolvency dispute practices by providing an analysis of cases from the Ba county archives. The results of that analysis suggest that, although the Qing Bankruptcy Code was repealed soon after its introduction, the reform ambitions behind the new legislation were realized through the implementation of another New Policy reform, which allowed chambers of commerce to resolve bankruptcy disputes differently. This conclusion suggests that the basic vision of the Qing economic reforms of the New Policy movement had more of a lasting impact than has been assumed to date.
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.
