Abstract
Article 127 Any Buddhist or Taoist monk, physician, pharmacist, medicine dealer, midwife, lawyer, notary, or other person who has even held any of the aforementioned positions.
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Notes
- 1.
Huai Xiaofeng (怀效锋) (ed.), History of Legal Reforms in Late Qing Dynasty (清末法制变革史料) (Vol. I), (2010) Beijing (北京): China University of Political Science and Law Press (中国政法大学出版社), at pp. 515 and 517. Regarding the official position, see ibid, at p. 543. The time of submitting the draft law on criminal procedure by Shen Jiaben and others is based on editorial explanation. See Wu Hongyao (吴宏耀) and Guo Heng (郭恒) (eds. and proofread), Draft Criminal Procedure Law (1911): Legislative Rationales, Examples of Judgments and Interpretations [1911年刑事诉讼律(草案): 立法理由、判决例及解释例], (2011) Beijing (北京): China University of Political Science and Law Press (中国政法大学出版社).
- 2.
Emperor Xuantong (宣统), Aisin Gioro Puyi (1906–1967) was the last emperor of the Qing Dynasty in Feudal China, who was on the throne during December 1908 and February 1912.—Translator’s note.
- 3.
Huai Xiaofeng (怀效锋) (ed.), History of Legal Reforms in Late Qing Dynasty (清末法制变革史料) (Vol. I), (2010) Beijing (北京): China University of Political Science and Law Press (中国政法大学出版社), at pp. 4 and 495. In addition, according to Article 366 of the Criminal Law of Qing Dynasty, anyone who commits a crime stipulated in this chapter shall be deprived of the power from the public office. Ibid, at p. 495.
- 4.
Ibid, at p. 543. The time of submission by Shen Jiaben and others was not recorded in the book.
- 5.
Ibid, at pp. 653, 659, 662 and 663.
- 6.
Ibid, at pp. 504, 505, 538, 582 and 607.
- 7.
There are no punctuation marks (except the circle at the end) in this article of the original text. The current punctuation marks are added by the translator after confirmation with the author of this book.—Translator’s note.
- 8.
“Draft of the Civil Procedure Law of the Qing Dynasty: Part V: Succession (Attached with Reasons) (大清民律草案第五编继承附理由书)”, in the Office of Law Compilation (修订法律馆) (ed.), Compilation of Draft Laws (法律草案汇编), (1926) Office of Law Compilation (修订法律馆) and Judicial Gazette Office (司法公报处), at pp. 19 and 21. Punctuation marks are hereby added in accordance with the publishing formats. The Office of Law Compilation (修订法律馆) was a special institution of drafting or revising laws and regulations which was set up by the Qing government for the purpose of legal reforms, whose establishment was announced in the year of 1902. The North Warlords Government of China (1912–1928) also set up such an organization as a law compilation institution, which was rebuilt in July 1918 on the basis of the Law Compilation and Review Committee (法律编查会). The Code Compilation Committee (法典编纂会) was a code compilation organ in the early Republic of China. In July 1912, the Nanjing Provisional Government (南京临时政府) set up the Code Compilation Committee and the Legal Affairs Bureau (法制局), which was in charge of “compiling the civil law, commercial law, civil procedure law, criminal procedure law, as well as the above subsidiary laws and other codes”. The Law Compilation and Review Committee was a law compilation organization established by the North Warlords Government of China. It was transformed from the Code Compilation Committee in February 1914, which was subordinate to the Ministry of Justice, where the Minister of Justice also served as the President of the Committee, and Japanese were invited to participate in the codification work. The Office of Law Compilation (修订法律馆) replaced the Code Compilation Committee in July 1918. The Judicial Workshop (司法讲习所) was set up by the Ministry of Justice during the ruling period of North Warlords Government of China to cultivate judicial talents. It was established in 1914 but later was closed for financial reasons. During the period of the North Warlords Government of China, the Training Agency for Judicial Officials (司法储才馆) was set up to cultivate judicial talents and to prepare to recover the legal powers, whose opening ceremony was held on 17 January 1927. In October 1928, after the decision of the National Government, the formalities of setting up the Training Agency for Judicial Officials were completed. In March 1929, a total of 135 students participated in the final assignment, and then the Training Agency ended its operation. See the Compilation Team for the Dictionary of Concise Legal History of East China Institute of Political Science and Law (华东政法学院 《简明法制史词典》 编写组), Dictionary of Concise Legal History (简明法制史词典), (1988) Zhengzhou (郑州): Henan People’s Publishing House (河南人民出版社), at pp. 273–274; Yu Jiang (俞江), The Legal and Academic (Aspects) of Modern China (近代中国的法律与学术) (2008) Beijing (北京): Peking University Press (北京大学出版社), at pp. 285, 291 and 292. See also the Government Gazette Nos. 882, 3818 and 4045.
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Cai, Y. (2023). 1911. In: A Chronicle of China’s Notary History (1902–1979). Springer, Singapore. https://doi.org/10.1007/978-981-99-1685-6_6
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