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Trial of ModernityJudicial Reform in Early Twentieth-Century China, 1901-1937$
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Xiaoqun Xu

Print publication date: 2008

Print ISBN-13: 9780804755863

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804755863.001.0001

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The Social Context of County Judicial Functions

The Social Context of County Judicial Functions

Chapter:
(p.187) Chapter 6 The Social Context of County Judicial Functions
Source:
Trial of Modernity
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804755863.003.0007

This chapter explores the county judiciary in Jiangsu. It first examines the making and unmaking of courts in the counties during the period 1911–1914 to show local elites' demands for and anxieties over county-level courts, the financial reasons for such courts to be dismantled, and the provincial governor's position on the rule of law and judicial independence. It then examines how county judicial functions were performed, in what kind of socio-political environment, and what roles the county magistrate and county personnel played in the process. The chapter concludes by examining the reasons for perennial case backlogs at the county level.

Keywords:   county judiciary, Jiangsu, courts, law, judicial independence, judicial functions, magistrate

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