scholarly journals A Study on the way of the React of the Magistrate on Criminal Procedure in Qing Dynasty

2013 ◽  
Vol 62 (0) ◽  
pp. 35-84,en5
Author(s):  
Hidemitsu SUZUKI
2019 ◽  
Vol 34 (34) ◽  
pp. 119-148
Author(s):  
曾若涵 曾若涵

<p>中國歷代學術長期影響下,日本韻學中對於反切方法乃至《韻鏡》格位的解釋,具有從悉曇學轉向等韻學之傾向。此學術轉向的契機及途徑,與江戶時代的學術特色有關。據前人研究及筆者之觀察,漢學日本化在日本漢學史中具有穩固的基礎。其中,日本人將日本語的音系結構與中國歷代音韻理論相搭配,用以解釋經典訓詁與音義,此不僅與中國歷代音韻理論有關,還牽涉佛經解讀時的悉曇學,以及韻圖文人化之後的等韻學,然此學術轉向之發生,較中國學術史而言來得晚,其轉向的呈現方式,也與中國範式有所不同。</p> <p>據本文觀察,文雄反切法中所強調的助紐反切與韻圖反切表面看來雖是等韻化的結果,但仍有部分承襲自悉曇學的反音方法。如「假名助紐」雖應用了中國式唐人反切法中的助紐,但其假名助紐的口誦方式卻是承襲明覺以來悉曇反音法中的「五音」概念,即利用「五十音圖」來推理字音。至於「韻圖反切」雖是獨尊《韻鏡》的展現,但文雄把《韻鏡》高度經典化,使《韻鏡》具有跨時空的適用性,進而利用《韻鏡》來規範唐音,這種忽視歷史音變而對後起音韻進行規範的作法,乃是悉曇反音舊習。正因文雄的反切法中仍有悉曇學遺緒,故能理解日本韻學特殊之處,並藉此知曉江戶韻鏡學與明清等韻學殊途之一因。</p> <p>&nbsp;</p><p>Under the sustained influence of Chinese historical academics, the methods to get Chinese pronunciation while reading the Chinese literatures were changed in the Edo period, and the explanation of the form of rhyme book called &ldquo;Yunjing&rdquo; were also different from that in the Ming and Qing dynasty. In general, the traditional phonology turned the way from Siddhaṃ-based analysis to Yunjing-based analysis during the Edo period. Edo Japanese scholar, like Monnou(文雄), took Yunjing to construct the system of Japanese Kanji-on, including Go-on, Kan-on, and To-on, which can be one reason why the way of Siddhaṃ-based analysis had gone insignificant.</p> <p>However, throughout the Japanese traditional phonology, the Siddhaṃ-based ideas are still remained in some part of Yunjing study. We checked the Yunjing related documents of Monnou, and found some visible traces to show the Siddhaṃ ideas in those books. Therefore, the diversity between Japanese Yunjing explanations from Chinese Yunjing interpretations can also be appeared. </p> <p>&nbsp;</p>


Author(s):  
Russell M. Gold

This chapter explores the often-pathological relationship between prosecutors and legislatures and considers fiscal pressure as an important antidote to the pathology. Institutional incentives between prosecutors and legislatures align in a way quite different than the classic separation of powers story. Rather, legislatures are well served to empower prosecutors as much as possible by making criminal law broad and deep. And with respect to substantive criminal law, prosecutors have been enormously empowered. Prosecutors are not merely passive recipients of such power but indeed actively lobby for it—often quite successfully. But fiscal pressures can provide a cross-cutting pressure for legislatures, particularly at the state level where many governments must balance their budgets. Thus, sentencing law sometimes finds legislatures refusing prosecutors’ requests for ever longer or mandatory minimum sentences because longer sentences are expensive; this is especially true where sentencing commissions provide legislatures with meaningful data on costs of particular proposals. Criminal procedure has recently found progressive prosecutors leading the way toward defendant-friendly reforms such as using unaffordable money bail less frequently and providing defendants with more discovery than is required by law. In these spaces, county prosecutors have provided laboratories of experimentation that led the way toward broader statewide reforms.


Author(s):  
Xiaojun Chai

This paper seeks to analyze the ways in which the exchange of silk for horses impacted trade regulations along the Silk Road, thus leading to a rupture in Chinese economic policy. Exchanges between the Qing Dynasty and the Kazakh Khanate were carried between 1759 and 1796, having begun after the Qianlong Emperor vanquished the Dzungar Khanate, which determined the khan of the Kazakhs to swear allegiance to the Emperor. As the Qing Dynasty had up until that point been both politically and economically isolationist, this marked a radical change in its foreign policy.The relation established between emperor and khan is known as chao gong mao yi(朝贡贸易)and is usually translated as vassalage, owing to the similarities with the European concepts, but it also involves the offering of tributes. Traditionally, when discussing the Qianlong Emperor’s decision to consolidate trade with its new vasal, scholars have tended to favor one of three narratives: the first sees this exchange in the same light as the economic relations between the imperial capital and any of China’s provinces, and therefore focuses on the inclusions character of the policy. The second considers the exchange of horses for silk as representing the immediate, dire needs of the two political leaders; while the Khan and his court required fine materials for their own prestige, the Emperor’s armies had an urgent need for horses in the fight against the rebellious Uighurs in Altishahr. The third postulates that engaging in trade would have allowed the isolated Qing to secure their borders.Rather than fully accepting or discarding any of these narratives, a more nuanced position can be gained. We can do this by understanding the implications of vassalage and tribute in close connection with the way in which the whole regional economic policy was modeled around it. I will look at the ways in which chao gong mao yi and its economical meaning were defined in Chinese archives. This will allow us to better understand their interconnected evolution. The Chinese archives that I will look at are formed of two types of documents: the first of these, the jun ji chu lu fu zou zhe (军机处录副奏折), are extensive reports on the affairs of the army, including their military actions and tactics, the power struggles between officers, and the rations needed to feed and supply the troops, to name only a few; the second, the Qianlong chao shi lu (乾隆朝实录), are concise reports that describe in minute detail the affairs of the imperial court. When taken together, these materials paint a vivid picture of the social, economic, and political life of late eighteenth-century China. From these sources we can see that the Qing opted for a sort of tribute trade which made a compromise on the tariff. This shows that while the Qing were clearly making some profit, the need of supplying the armies with horses in Alishahr wasmore important, and they were therefore forced to maintain their conservative economic policy.These materials offer new information which scholars that have tried to defend one of the three narratives in particular have so far neglected. Most important amongst these are two interconnected aspects: on one hand, by investigating how the Silk Road was rebuilt, we see that two different projects were used for the north and for the south. This led to the displacement of the economy towards the north, as it connected several important cities and trade hubs, such as Suzhou、Suzhou . By ignoring the regional impact, historians have tended to downgrade or neglect the changes that this disruption brought to the course of trade. On the other hand, this very separation is the thing that destabilized the region. It caused local unrest, uprisings and separatist tendencies. These episodes of local unrest forced a rethinking of the entire imperial economic policy.The Qianlong Emperor’s policy was never expansionist, neither in territorial nor in economic terms. While they were clearly aware of the importance of forging a strong relationship with their northern Kazakh neighbors, they never had any ambitions to expand towards inner Asia. We can observe this in the way in which the economic policy that they initiated with the Khanate later form the basis for the trade routes with Russia through Qiaketu. These routes would economically drain the Kazahks in the long term. That China was not expansionist at this point can easily be observed from the fact that it hesitated to break out of its traditional approach even when the Kazakhs were weakened, so it was the Russian who eventually absorbed them.To conclude, it can be said that a new understanding of China’s attitudes as a regional actor during the period of Qing Dynasty can be gained by looking at smaller units and understanding how different types of regional or local economic policies evolved together. Quite often, these impacted not only interconnected regions but the empire as a whole. As we have seen, the exchange of silk for horses along the Silk Road is just one such example. Given the rich material that is available in the Chinese archives, many other aspects could be studied.


1969 ◽  
pp. 446 ◽  
Author(s):  
Vincent M. Del Buono

The author traces the history of criminal appeals legislation in Canada from the Crown Cases Act of 1848 to the present. Through his analysis he illustrates the various forces giving rise to change and amendment, with special emphasis on the strong and often inappropriate influence of British legislation. In addition, the author examines the aim of national uniformity in criminal procedure, and the way in which appeals legislation has fostered this aim.


2015 ◽  
Vol 9 (1) ◽  
pp. 32-36
Author(s):  
Li He

The paper analyzes the “Origin” and the “Derivative” of Hakka Enclosed Dwelling’s by a specific transmutation instance of Longsheng House of Liuzhou in Qing Dynasty, and researches on Hakka Enclosed Dwelling’s layout, size, and the transmutation of forms. It points out that as one of the fittest to the environment among the vernacular dwelling, Enclosed Dwelling’s construction site and defence structure, more specifically: the Watchtower’s trade-offs and layouts have a close relationship. By comparing with the architectural forms between “the Origin” and “the Derivative” in Enclosed Dwelling, and analyzing the relevant heritage of dwellings in Hakka culture influenced areas, it shows that Hakka vernacular dwelling like Qing Liuzhou Longsheng House should be protected because it not only is built on the basis of the original form but also was shaped in the way of combination of the local context and historical architecture features.


Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Sanja Copic

In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.


Author(s):  
Dušan Korgo ◽  
Veronika Marková Veronika Marková

Author of the presented contribution point out the problems of presumption of innocent and the right to be present during the criminal procedure in Slovak republic. The main task was point out the way how are these rights applied in Criminal Procedure Code and whether the transposition of Directive (EU) 2016/343 was fulfilled.


2016 ◽  
Vol 3 (4) ◽  
pp. 169-172
Author(s):  
R V Belyayev

In the article are examined the problems of the determination of lawful essence and subject composition of agreement about the collaboration through the prism of the analysis of the definition, which is contained in criminal law. Are compared private-right and criminal procedure approaches to the content of conciliatory procedures, and also their subject composition, contradictions in the termi- nology, utilized in the acting criminal procedure legislation are revealed and they are proposed to the way of their elimination.


2029 ◽  
pp. 239-247
Author(s):  
Krystyna Szczechowicz

The author discusses the problems of linking the application for the justification of the judgment with the scope of its appeal against the background of amendments to the Code of Criminal Procedure. The request to prepare in writing and to provide the justification of the judgment is of particular importance in the criminal trial, it opens the way to appeal against the decision. Changes in the regulation, in particular the wording of art. 422 § 2 k.p.k. cause that this activity is even more important to shape the boundaries of the case in the appeal instance than the previous one. Submission of an application for justification of the judgment partly gives the court the power to limit the scope of justification.


Author(s):  
Simon Butt

This article discusses flaws of Indonesia’s criminal procedural laws through an analysis of the Jessica Wongso case. After a televised trial in 2016, Wongso was convicted of murdering her friend Salihin, by putting cyanide in her coffee at a Jakarta café, and sentenced to 20 years’ imprisonment. The conviction was upheld on appeal in late 2018. The police obtained very limited evidence against Wongso, leaving prosecutors unable to determine the cause of Salihin’s death, much less to prove convincingly that Wongso was the perpetrator. By contrast, the defense mustered significant exculpatory evidence. But the judges, at first instance and on appeal, took an uncritical view of the prosecution evidence and ignored the defense case. Throughout the investigation and trial, Wongso was not accorded the presumption of innocence, partly because of Indonesia’s flawed or absent formal legal infrastructure for arrests, detentions, searches, and disclosure of prosecution evidence to the defense. It is also because highly prejudicial press coverage before and during trials is not prohibited and because judges lack professionalism. All this suggests a strong need for reform—not only to Indonesia’s criminal procedure law, but also to the way it is applied in practice.


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