1st Edition

Legal Institutions in Manchu China A Sociologial Analysis Revised Edition Volume 24

By Sybille Sprenkel Copyright 1977

    Mrs van der Sprenkel was led to undertake this journey by her experiences while living in China. lt is a detailed sociological analysis of the whole complex of legal and quasi-legal institutions during the Manchu period. Using a wide range of source material, Mrs van der Sprenkel discusses both the concepts underlying and the actual working of government and administration in Manchu China, the nature of the law, judicial procedure, and, finally, the effectiveness of the law in supporting social order.

    Introduction 1 1. Some relevant aspects of Chinese social structure 7 2. The theory and functions of government in China 28 3. The structure of the administration 37 4. The personnel of the administration 50 5. Codified law 56 6. Judicial procedure 66 7. Jurisdictional aspects of the isu and the guild 80 8. Local and customary jurisdiction 97 9. The complex of legal institutions considered as a whole 112 10. The content and sources of law and its effectiveness as a support for the social order 124 Appendices 1. A specimen page from the Ta Ch'ing La Li (Penal Code) 131 2. Examples of deeds of sale, mortgage and loan 133 3. Proverbial sayings which indicate popular attitudes to court trial 135 4. Extracts from the Tso-chih yao-yen (Precepts for local administrative officials) by Wang Hui-tsu 137 5. Extract from Pei Ch'i Tzu I (Essays on the meaning of tenrms), by Ch'en Ch'un 151 Bibliography 153 Character Index: index of characters for Chinese and Japanese names and expressions 163 General Index 175


    Mrs van der Sprenkel is a Lecturer in Sociology in the University of Leeds.