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Delivering Justice in Qing ChinaCivil Trials in the Magistrate's Court$
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Linxia Liang

Print publication date: 2007

Print ISBN-13: 9780197263990

Published to British Academy Scholarship Online: January 2012

DOI: 10.5871/bacad/9780197263990.001.0001

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

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

Chapter:
(p.216) 9 Other Relevant Matters Concerning the Resolution of Land, Debt, and Marriage Disputes
Source:
Delivering Justice in Qing China
Author(s):

Linxia Liang

Publisher:
British Academy
DOI:10.5871/bacad/9780197263990.003.0009

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

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