Historical Studies (Chinese Edition)

No.2, 2014

 

A Review on the Prefectural and County-level Handling of Minor Civil Cases in the Ming and Qing Dynasties from the Perspective of History of law         

(Abstract)

 

Yu Jiang

 

After the collapse of the system of dispute adjudication by local elders in the mid-Ming, the number of minor civil lawsuits brought before prefectural and county-level governments soared. In response to this change, the practice grew up under the Qing of giving priority to amicable settlements in the prefectural and county-level handling of such cases. Officials at this level often urged or ordered the parties involved to seek mediation. This led to diverse forms of case settlement. In addition to formal rulings, the withdrawal of claims, dropping of cases, guarantees and compromises were all important methods of resolving a case. Formal rulings laid emphasis on "the justice of a claim"; they distinguished right from wrong, and were not inimical to an amicable settlement. The handling of minor civil cases was influenced by the constraints of traditional formal agreements, and most cases of disputed ownership and transactions could be converted into an examination of the authenticity and validity of such documents. The conclusions were predictable, but as there were no fixed rules to invoke, the handling of similar cases varied from place to place. The handling of status and status-related property cases was usually consistent as reference could be made to laws and ordinances. However, officials were not bound to cite the relevant laws. Where legal references would have been inappropriate, prefectural and county-level officials would use their discretion in making a judgment.