Chapter

Other Relevant Matters Concerning the Resolution of Land, Debt, and Marriage Disputes

Linxia Liang

in Delivering Justice in Qing China

Published by British Academy

Published in print December 2007 | ISBN: 9780197263990
Published online February 2012 | e-ISBN: 9780191734373 | DOI: http://dx.doi.org/10.5871/bacad/9780197263990.003.0009

Series: British Academy Postdoctoral Fellowship Monographs

Other Relevant Matters Concerning the Resolution of Land, Debt, and Marriage Disputes

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  • Modern History (1700 to 1945)

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This chapter discusses some other relevant matters that concern all three areas of cases. It notes that the frequency of allegations of physical injury or false accusation rests upon the fact that the laws on injury were drafted too widely and that those on false accusation were too complicated. The chapter includes a section on custom, which played an important role in the process of solving disputes. However, it was not the fundamental principle applied by magistrates in decision-making. Finally, the chapter presents an argument that the magistrate enjoyed discretion in solving land, debt, and marriage cases whenever there was a gap between the law and the facts of that particular case.

Keywords: allegations; laws; injury; false accusation; custom; discretion

Chapter.  14982 words. 

Subjects: Modern History (1700 to 1945)

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