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Legal Procedure in Qing China: Law in the Code and in Action
This project is devised to answer the question: why the doctrine of due process of law is considerably weak in Chinese tradition, while there were a great number of procedural rules codified and practiced in late imperial China? Firstly, a textual study will aim to understand, sort and systematize procedural rules in the Code. Secondly, the study will be under the guideline of legal realism by comparing law in the books and law in action as reflected in central and local judicial archives. The third and last part will watch law “beyond” law, i.e., to explain juristic features in Chinese tradition from the perspective of political institutions, and to expose how the political structure and centralized authority has shaped criminal and civil procedure in Qing China.
WANG Zhiqiang is a Professor of Law at Fudan University Law School in Shanghai, China, where he has been in the faculty since 2000. He teaches and published extensively in the fields of Chinese legal history and comparative law. Prof. Wang received his LL.B. (1993) and LL.M.(1996) from Fudan, Ph.D (1998) from Peking University, and his second LL.M. (2006) from Yale. He has been a J.S.D. candidate at Yale Law School since 2008. After the completion of his doctorate program in Peking University Law School, he conducted post-doctoral research in the Institute of Historical Geography Studies in Fudan University. He was an Edwards fellow of Columbia Law School (2005).
MAJOR PUBLICATIONS :
Falü Duoyuan Shijiao Xia de Qingdai Guojia Fa [State Laws in the Qing from a Perspective of Legal Pluralism], Beijing: Peking Univ. Press, 2003
“Precedent in the Narrative of Chinese Legal History,” Soc. Sci. in China (2011, No.2)
“Zhidingfa zai zhongguo gudai sifa panjue zhong de shiyong” [“Role of Lex Scripta in Adjudication of Imperial China”], Faxue Yanjiu [Chinese J. of Law] (2006, No.5)
“Case precedent in the Qing China,” 19 Colum. J. of Asian Law (2005)
«1902 (La 28e année du regne de Guangxu): centenaire du droit chinois», in Les sources du droit et la réforme juridique en chine, Paris: Litec, 2003 (Co-author)
“Nansong sifa caipan de jiazhi quxiang” [“Value Orientation of Judicial Judgments in Southern Song Dynasty”], Zhongguo shehui kexue [Soc. Sci. in China] (1998, No.5)