Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

6 Between Informal Mediation and Formal Adjudication: The Third Realm of Qing Civil Justice

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Litigation in the Qing can be separated into three stages: the filing of the complaint by the plaintiff, the initial response of the yamen (court), and the final court session rendering a decision. This chapter suggests that the Qing civil justice system actually operated in large measure in that intermediate third realm where the formal and informal overlapped. The participation of both the formal and informal in the third realm of Qing civil justice accounts in part for the debates in past scholarship about the nature of the system. It suggests that to clarify how civil justice worked in the Qing, we need to delineate three realms of that system: the informal realm of community and kin mediation, the formal realm of court adjudication, and the third realm in which both systems operated, often in a negotiatory type of relationship.

Keywords: court adjudication; informal mediation; Qing civil justice

10.1163/9789004276444_008
/content/books/b9789004276444_008
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The History and Theory of Legal Practice in China — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation