The Litigation of Cases Involving Illegal Acts: Analysis Based on Baxian Archives

Weiling QI

Abstract


The charging documents of some cases in Baxian Archives could reflect the litigants’ illegal acts of selling wives, gambling, as well as fighting and killing. Since the litigation could reveal their illegal acts, why the litigants actively initiate legal proceedings? Are not they afraid to be penalized for these illegal acts? By analyzing the litigation purposes, judgement results, as well as the accepting system of these cases, it could reach some conclusions: the protection for property rights is the dynamic to prompt the litigants to conduct prosecutions and accept the risk of being penalized. The authorities adopt the principle of setting disputes while ignoring illegal acts exposed by the documents to decide cases, the litigants accordingly do not have to worry about criminal penalty. In addition, there is exaggeration and falsity in the statements about gambling and injuring. The essence of this pattern statement of judicial documents is to respond to the cases accepting system of authority autonomy. It is a strategy to get admission ticket for accepting cases so as to safeguard the rights and interests.


Full Text:

PDF

References


Deng, J. P. (2010). A research on petition form regulations of Qing dynasty. The History Research of Qing Dynasty, 8(3).

Mao, J. F. (21008). A research on the acceptance of lawsuits—Based on fanshan documents (Master’s Thesis). Jilin University.

Tian, T., & Zheng, Q. (Collate). (1999). The law of Qing dynasty. China: Law Press.

Wang, Y. H. (XXXX). The strategy to handle cases. In T. X. Zhang (Ed.), Five kinds of instructions to be officials (p.483). China: Wenhai Press.

Wu, P. L. (2010). Selling wives of folk society of Qing dynasty in Nanbu archives. The History Research of Qing Dynasty, 8 (3).

Zhang, X. X. (2014). Divorcing wives and selling Wives of Baxian archives in Qing dynasty. Social Sciences of Gansu, (2).

Zheng, Q. (1988). a research on justice system of Qing dynasty. China: Hunan Education Press.




DOI: http://dx.doi.org/10.3968/%25x

Refbacks

  • There are currently no refbacks.


Copyright (c)



Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

Submission Guidelines for Canadian Social Science

We are currently accepting submissions via email only. The registration and online submission functions have been disabled.

Please send your manuscripts to [email protected]，or [email protected] for consideration. We look forward to receiving your work.

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).

 

Canadian Social Science Editorial Office

Address: 1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.
Telephone: 1-514-558 6138 
Website: Http://www.cscanada.net; Http://www.cscanada.org 
E-mail:[email protected]; [email protected]

Copyright © Canadian Academy of Oriental and Occidental Culture