Chen Jun: "you how new legal history" -- Study on the history of law may Chinese new trends and Enlightenment of the America
   How Might a "New Legal History" Be Possible
   Recent Trends of Chinese Legal History Studies in the United States and Its Implications

One, foreword: intellectual earthquake?
    
   A book review published in the "USA history review" in 2001, Diamond (Neil J. Diamant) with the said: "in the past ten years, a knowledge on the seismic uplift happen in field Chinese legal history. Specifically, its epicenter was located in Losangeles. There, the Losangeles campus of the University of California Department of history, a group of scholars with doctoral students, successfully from the basis of shaken for decades about China -- especially in the Qing Dynasty (1644-1911) -- the accepted view of law." [1] the text describes the China legal history field of intellectual earthquake, the initiator is the Losangeles campus of the University of California (UCLA) history professor Mr. Huang Zongzhi (Philip C. C. Huang). It was under his leadership, since 90's of the twentieth Century, Chinese legal history research group UCLA rapidly, become the popular science knowledge production group circles. Today, the group has approximately includes three generations of scholars, they are from America, China, Japan and singapore. In addition to serve as mentors Huang Zongzhi and his wife Bai Kai (Kathryn Bernhardt), two professors, the doctoral students, including but not limited to Bai Derui (Bradly Reed), Su Chengjie (Matthew Sommer), Ai Renmin (Christopher Isett), Karasawa Yasuhiko (Yasuhiko Karasawa), now has become the be in the full vigour of life of young scholars, have different university in USA in Japan, in the chair (including the Stanford University this world-class schools), even the latest generation, such as Hui Bin Chen (Huey Bin Teng), now is going to finish writing his doctoral thesis.
   In the classical Chinese Studies American early, very little Chinese position of legal history of Sinology, until the classical (Sinology) and relative decline gradually gave way to Chinese Science (Chinese Studies), began to rise. In early [2], the most representative famous works, the most familiar than bode for Chinese scholars (Derk Bodde) and Maurice (Clarence Morris) Co authored the "law" in Late Imperial China. [3] this in the book published in 1967, and now has become the field of classical scholars look up to as the standard. Before and after American, some scholars, including Cohen (Jerome A. Cohen), Edward (Randle Edwards), Bao Heng (David C. Buxbaum), Ma Boliang (Brian McKnight), Zhong Weilian (William C. Jones), An Shoulian (William P. Alford), Song Ge (Hugh T. Scogin, Jr.), Ceng Xiaoping (Madeleline Zelin), also in the field of China legal history of hard work, contributed a lot of a component's works, some people he / she is still writing. [4] takes into account the research field of America China legal history of this background, how will we understand what Diamond called the "knowledge on earthquake"? If this assertion is not so alarming words, so for us, the next question is to ask: what are the factors, the UCLA study China legal history group can be distinguished from other scholars? Or more to the point, UCLA Chinese legal history study group results, whether to have real character enough to reveal their own? For China researchers, associated with this important question and, these from other research, but also can provide what kind of inspiration for us? The answers to these questions, only the worldwide (especially America) with different age, research in the field of cross referencing, Party A may make a judgment. But this may be from the traditional Chinese law's image abroad began to talk.
    
    Two, the West for misunderstanding and reflection of the traditional law Chinese
    
   In a paper published in more than 10 years ago, An Shoulian (William P. Alford) on a express volumes phenomenon. That is, if the said 1990's western scholars as a whole are ignored China legal studies, it is somewhat exaggerate, but in Chinese history and social studies in the west of the vast majority of scholars, it is often neglected or misunderstood in Chinese life by law, especially on the legal history of traditional rich. An example is the beginning graduate courses, learning to the autumn 1972 in an Shoulian, Arthur F. Wright (Arthur Wright) professor has doubts asked he said, like he such a young man looks smart, how to waste time on study China legal history. [5]
   Ten years later, another study China legal history of America Bu Demao (Thomas Michael Buoye) for many reasons. Shoulian reflection in this paper are the brilliant summary, he wrote:
   "The specific value caused by the certain prejudices of the law to win support among the people, imperialism to the extraterritoriality in China justification and constantly condemned traditional China legal brutal, so that contemporary Chinese judicial trial in some unfair not meaning directly linked to the traditional legal system China, these reason enough for many western scholars ignored and underestimated the importance China traditional legal system; despite strong evidence to show that China actually has a mature legal tradition." [6]
   As early as in more than 30 years ago, package constant (David C. Buxbaum) had to remind the western scholars, the research Chinese laws, attention must be paid to avoid ethnocentrism and extreme relativism:
   "We think about many traditional China how the law of actual operation, are rooted in nineteenth Century by those with ethnocentric western diplomatic, clergy and commercial personnel reports, and they think that they are the Western goods, politics, law and religion to the barbarian way the spread of civilization. In fact, the West about the traditional Chinese law a lot of research and do not make the conclusion of the investigation, but in that period is to reaffirm our fellow citizens and its partners -- dear western, anti imperial Chinese slogan --." [7]
   Is also precisely because of so, pack constant pointed out: "even the (Western) the contemporary most outstanding scholars, also overestimate the importance of harsh Qing law and criminal law, civil law and underestimate the role of." [8]
   Package constant remark is hole candle mystery. According to the research of "Su China, modern western began to contact Chinese the earliest laws usually begins in the middle of the sixteenth Century...... Compared with the Western contact China law, Westerners China understanding of laws is not too early to start. Other countries don't have to say, even in Britain, until the end of the eighteenth Century, the operation condition Chinese legal system is still in the blank state." [9] although there are laws to China slightly to praise, such as "Qing law" the first western translators small company Tang Dong (Thomas Staunton, 1781-1856) had the "Qing law" provisions of the "highly organized, clear and logical consistency" technology to be sure, but [10] in general, especially since the end of the eighteenth Century, when the western missionaries, diplomats and other long sojourn Chinese nationals evaluation of China law is bad, especially large tightly / just around China penalty and prison launched almost follow the same pattern description, is the Chinese law was the image of the whole "dark". [11]
   As its background, is the western China image subtle evolution. Zhou Ning was sensitive to that, since 1250, before and after the image Chinese Western appearance, before and after 1650 is began pan Chinese worship "Chinese tide", to the objects from the system to the idea, in the western society, but before and after 1750, the western history of China image suffered a fundamental transformation of watershed: by the former Enlightenment (centuries roughly from the Renaissance to the Enlightenment). Too much, turn the enlightenment emphasize "decline," stagnation "Oriental despotism", "wild or semi wild man" of the eastern empire image smear hatred. [12] Chinese legal western image evolution, it is an important part of the overall image of the turning process. [13] from Quesnay (Francois Quesnay), Voltaire (Voltaire), the traditional legal Chinese heaped praise, that since the middle of the eighteenth Century Chinese law "dark" image is constructed as the mainstream in the western world, the West in praising and criticizing it for hundreds of years, the subjective purpose are not the same degree of containing personal or collective. And in this, China law causes dramatic turn into Western criticism object has resulted in the middle of the eighteenth Century, is to a large extent, a long time from that time inside, "westerners for research China law, if can be called research, basically all is for a a very practical purpose, it is necessary to set up the extraterritoriality in China. To achieve this, naturally, we must first prove China legal barbaric and backward, not worthy of respect and abide by the west." [14]
   After the second half of the nineteenth Century, especially since twentieth Century, with the establishment and development of Western Sinology and China science, research on Chinese traditional law has been further improved, but Edward W. said (Edward W. Said) on the significance of "Orientalism" ghost in this field is still often visible. [15] as high Yun (Karen Turner) have criticized it, "although after Webb Western Sinology research progress, also has the new literature more available, Western sinologists often continue to repeat in Webb in nineteenth Century on China view", America in Ancient Chinese Literature Search giant, Harvard University Center for East Asian Studies, founder of Fei Zhengqing (John King Fairbank) the "East Asia: is a prominent example great tradition", in which "perhaps more than any other American relevant publications for more scholars with" textbooks, on the China method describes virtually completely and Webb said be of an identical nature. [16] is another famous example is the critical legal movement, the standard bearer of USA Unger (Roberto M. Unger) critique of Chinese legal system, is an Shoulian that modern western society is a confined to specific value, very ironic misunderstandings. [17]
   To be fair, in these has been criticized the scholars there, not Chinese legal history its main direction, just one. Neither painful nor itching in many areas of the research involved in (such as Fei Zhengqing), or even completely is for some purpose just as a foil (like ong you do), therefore, these Expositions, cannot represent the western (especially USA) true condition after Chinese traditional legal research. With the "Chinese center" (China-centered approach) to [18], especially since the 1970's, a new generation of China experts even Chinese law occupation to rise rapidly, relatively speaking, they look at the law in China social role, has no predecessors so narrow-minded, and began to the older generation of Sinologists about traditional China legal prejudices of reflection and critique. Although at this stage is the old see said also mixed in the meantime, but a new generation of scholars efforts, it has been the western (especially American) research about traditional Chinese law will greatly push forward the. [19]
   As an Shoulian written as:
   "In recent years, western scholars of China law relative neglect is gradually improved. Prominent historians, such as Bai Binju (Beatrice Bartlett), Bai Kai (Kathryn Bernhardt), Huang Zongzhi (Philip Huang), Ke Weilin (William Kirby), Kong Feili (Philip Kuhn), Han Shurui (Susan Naquin), Ou Zhongtan (Jonathan Ocko), Jonathan Spence (Jonathan Spence) and Wei Feide (Frederic Wakeman), have shifted their attention to the legal information the contents and itself, hoping to more widely China late imperial and early Republic of China revealed in the social, political and intellectual aspects of the general trend. Even though these people no one is as a legal historian trained, but in their extensive research, they are digging deep and rich legal materials. Through these studies, to show the legal acts as a more easy to see -- even if still not to be a delight -- the role of attachment, whether in China ordinary people still show different molecular life is." [20]
   But the scholars to make such a steering reasons, be the first to bear the brunt and obviously is he / they are invariably conscious pursuit of a "Chinese centered China history" (a China-centered history of China). In addition, the most crucial factor lies in the Chinese, the first historical archives and the provinces, local collection of archives opening up to foreign scholars. [21]
    
    Three, the judicial archives and Chinese legal history research
    
   To the Qing Dynasty literature to study this treasure of all countries are open, "soul stealer" hole Feili said in a Book: "(the) one of the major events will be included in the contemporary history of academic research, but we have just begun to realize their importance for the understanding of human life." The [22] in these gradually to the academic development of archives, judicial files will occupy a considerable component.
   For example, although in the period of Beiyang government had "eight thousand sacks of events" catastrophe, archives of Ming and Qing Dynasties [23] Chinese first historical archives of today still has more than 1000, a total of 74 funds, which reported using only the Ministry of penalty problem (namely the academic called "crime") quantity amazing. Chinese first historical archives of the staff of the crime by the subhead, respectively: the autumn trial to trial, murder, robbery, embezzlement class class class class, prison, arrest and other classes. The class is divided into fights, land debt, marriage amour and other matters, which is related to the land of debt dispute case report of life only Qianlong Department recorded as 56850 piece. [24] besides the archives department punishment, Chinese first historical archives now collection of files, directly related to the legal studies at least the constitutional compilation of archives, archives, Dali Institute of amendments to the law library archives, archives, censorate. [25]
   Also, in the Taiwan area Chinese the Imperial Palace Museum and the Central Research Institute of history and Philology, holds the judicial records a lot of Qing dynasty. Among them, the judicial archives Museum of Taipei the Imperial Palace now hidden in the Qing Dynasty, mainly for the above the provincial level data, including the "Palace", "mid-range Zhupi memorials military office file" month, the deputy, folding package recorded "imperial edict file", "living", "registered Waiji file", "historical records", six families in Qing Dynasty of China Museum and the Museum of the history of the Qing Dynasty "criminal annals" various manuscript, and "original Manchu archives" etc.. [26] and the Central Research Institute of history and language of the collection of "Imperial Cabinet repository file", "division three files", more is a precious material of the famous Chinese and foreign legal history study in Qing dynasty. [27]
   In addition to the central level of judicial archives, including local level file in the judicial files is so far remains to be further explored the treasure, famous Taiwan freshwater Hall - Hsinchu County Archives (referred to as "Dansin archives"), Sichuan Baxian archives, archives, Shuntian Baodi County Sichuan South County archives. Among them, Dansin archives, Baxian archives and Baodi county archives to the field open for years, South County Archives is late, only in recent years has attracted academic attention. [28] in addition, there are other scattered around the Qing file contains a large number of law related content, the exact number of them almost astronomical, but is still a mystery.
   China archives are open, provides the opportunity for researchers around the world. Especially since 1980, outstanding scholars of the history of Western Chinese in China one after another, which America scholars especially, different levels of use of these valuable data total huge make new research. In an article, white Binju (Beatrice Bartlett) without emotion recalled, when she came to Beijing in 1974 September, when conditions don't allow her to study the archives of the Qing Dynasty, and therefore can only regret to around the Imperial Palace Mandarin Temple walk in a circle, right through the door to peep at the time, was told to leave. But only six years later, when she was in 1980 September once again came to Beijing, was allowed to Mingqing archives collection of the Imperial Palace all for one academic year study. [29] almost from the start, America and Western world China research of mainstream publications, such as Ch'ing-shih wen-t'I (renamed Late Imperial China) and Modern China, often published the western scholars is introduced in China mainland and Taiwan area have access to file data or American collection of archives of Ming and Qing Dynasties article. [30]
   It is around this period, Chinese scholar Zhang Weiren wrote to the western academia for study on Taiwan Central Research Institute of history and Philology "cabinet files". In this article, he especially emphasized the precious archives for the study of the Qing Dynasty judicial significance. [31] and two other researchers, Pu Lanshi (Nancy Park) and Le Bo (Robert Antony), also delivered a speech entitled "archives" law of the Qing Dynasty in the history of the monograph. [32] in this article, the two authors according to their three years in the China first historical archives, collection to a museum cabinet file, palace, file, archives mid-range military office, Ministry of punishment censorate archives, Dali Institute archives, amendments to the law library archives done a very detailed. Lanshi Park and Ara Hiroshi stressed, "seems to research potential law of the Qing Dynasty's inexhaustible, and the possibility of being original records, these extremely rich but in fact it is yet to be developed which greatly improve." [33]
   Since 1990 time, in western academic circles, especially America, use the archives law began to form the meteorological research. Based on above his / her senior colleagues achievements, but also the beyond. Although early in 20 years ago, Byrd (Derk Bodde) and Maurice (Clarence Morris) has more from the "criminal" Hui LAN (but including "criminal", "Hui LAN Hui LAN continued increase in criminal cases", "new criminal case" Hui LAN three separate compilation) selected 190 cases to study, but they also admitted that, relative to the "criminal" Hui LAN three up to more than 7600 pieces of the case, "clearly, from the selected scale so small, we can not draw on the law of the Qing Dynasty in the statistics of the conclusion." [34] moreover, "criminal" Hui LAN three compiled numerous case, in fact is often extremely concentrated summary of the case, and can not provide detailed information about the trial process and before and after the relevant circumstances. Now, the practice process of volumes amazing judicial records to explore the law of the Qing Dynasty created the conditions be richly endowed by nature. Research and the older generation of scholars rely mainly on official promulgation of statutes and the Hui and other traditional literature do different, a new generation of academics with newly available judicial archives, gradually approaching the complex situation, the traditional Chinese law, not just rely on the cultural elite unilaterally to speak, previously countless unknown people on lower to varying degrees, speak, Chinese legal appearance, thus gradually to the historical practice of original multi-dimensional restoration. For example, in the study of traditional Chinese justice done based on traditional literature, we can see the majesty, often only in the magistrate in the judicial process of the common people to be a yes-man unidirectional domination, and now through the judicial archives, we can also see the complex situation, the common people's choice and trying to reverse the establishment of power control. And, a new generation of scholars' attention, also no longer limited to the law making process, and extended to all operational aspects including specific implementation,; is no longer limited to the central level, but also extended to the local; no longer limited to criminal law, but extended to civil law, administrative law and commercial law in more extensive field. To make a long story short, this is a new tradition of western scholars in the study Chinese legal history.
   In USA, new research China traditional legal history that, at least, can be traced back to the early 1970's and constant (David C. Buxbaum) a pioneering study of the light of new files. [35] this in America of China legal history, thanks to a section of the scholars across the Pacific Ocean conditions. From 1968 to 1969, National Taiwan University professor Dai Yanhui should then teaches in University of Washington in Seattle professor USA Buxbaum invited, went to the school to conduct joint research, during the Dansin archives all into 33 volumes of micro volume articles to the school, and the micro volume later in Asia of University of Washington library. As one of the joint research program achievements, package constant is written that reputation in the international academic papers using these materials. In this article, in addition to the introduction of the bag constant Dansin archives, are mainly America was the best China legal history research -- such as border (Derk Bodde), Maurice (Clarence Morris), Cohen (Jerome A. Cohen) -- Study of the Qing Dynasty legal system for reference, a large number of cases in data base in the light of new file contains many aspects, the inaccuracies of works and even basic neglected is discussed (although he did not discuss the magistrate actually is how to deal with the civil case). Package constant explore issues include at least: the difference between the Qing Dynasty law about the "crime" and "fine"; "fine." the case was submitted to the government of constant of 1789-1895 (package files of statistics, found that 19.2% of which belong to the "small things" cases, 31.9% belong to the "crime" "small things", and, the case involved the content, throughout the civil aspects of life, often as an ordinary case and non extreme cases); "small things" whether a case is in accordance with the criminal procedure; until proved innocent, criminal cases the accused is as guilty (packet constant research display, this assumption does not exist, in ordinary civil cases and criminal cases in which the previous judgment and Byrd and Maurice on the contrary); entanglement and legal system, whether to mean personal catastrophe, and it is not likely to threaten the public (including constant denies answer). In order to effectively confirm their own point of view, package constant in this thesis has also done a lot of statistical data, such as administrative / criminal / civil cases each year by year, the actual distribution of case trial period, apart from the Yamen distances and filed a lawsuit against the mutual association and so on, and these have laid the foundation for later researchers.
   If the development history of western historiography in twentieth Century as a reference, you can discover, researchers Chinese legal history America that attach importance to judicial archives of fresh air, in fact is embraced the edge of contemporary western historiography of fashion. Both the Annales School renowned "" (Annales School), or the so-called "micro history" (microhistoria), and now are key "new cultural history" (New Cultural History), using the judicial archives research is no longer fresh. Published in 1975 and then quickly became famous "Montaillou: a 1294 - 1324 oxhey Taney village" in one book, as the "Annales" third generation descendant of the French historian Leroy Ladurie (Emmanuel le Roy Ladurie), by a 1318 to 1325 years since the inquisition of the 578 trial records and archives, extremely wonderful interpretation of the life in a called Monta medieval southwestern France especially small mountain village farmer life, thoughts, beliefs and practices. [36] Italy "micro history" leader Ginzberg (Carlo Ginzburg), cheese and the worms in the first published in 1976 sixteenth Century: "a Miller's spiritual world" in one book, through the life living in the mountains of northern Italy in sixteenth Century called a montereale (Montereale) and remote mountain villages, nickname called Menojo (Menocchio) of the farmers' personal spiritual world, showing a previously unknown sixteenth Century Italy underworld "popular culture to us". But the information utilization, was in twentieth Century sixty or seventy in Udine Ginzburg (Udine) found that the judicial archives archives, they include menocchio since 1583 by local religious court to "heresy and blasphemy charges", until 1599 and sentenced to death, more than 10 years of trial records. [37] is regarded as the "new cultural history" the founder of USA historian Davies (Natalie Zemon Davis), it is the use of judicial archives research expert. Her "Madan Gach home" one book, carefully describes a place in more than 400 years ago in the French Pyrenees region to a man named Abedi Fagafaga (Artigat) of the village take another's place by counterfeiting husband case, showing the sixteenth Century French base including marriage, inheritance, litigation, the social appearance. This book is about the true story of the legendary, and therefore has been in French and English film, which mainly depends on the data, it is related to the judicial archives, in addition to the judge wrote Memoirs ("unforgettable trial") etc.. [38] in her another internationally renowned academic works "fiction in Archives: the eighteenth Century French forgiveness story and their narrator", Davies used the judicial archives of France in the sixteenth Century -- including long provincial archives, Geneva national archives, the national archives, the Paris police department in the archives of amnesty, vividly reveals the culture logic pardon, behind the then indicates the, when society is embracing the mode of narrative strategy, but in order to meet the people deeply addicted to a murder story. [39]
    
    Four, Chinese legal history and Social Science
    
   Be raging like a storm development is the twentieth Century western historiography historiography, all kinds of trendy emerge in an endless stream, frequent, generational change of dizzying, but has a topic almost from first to last lingering in the meantime, the relationship between history and social science. After the combination of the two, in early twentieth Century has as many historians advocate, after the mid twentieth Century is a big trend sweeping the western historiography circle.
   As Wang Qingjia and Gu Weiying pointed out, "at the beginning of the twentieth Century, the main interest of western historiography circle is how the methods of social science research into the history of". [40] as the early twentieth Century American "new history" (New History) founder and advocate of school, Robinson (James Harvey Robison) has been the social science called "a new alliance" of history, and called for the study of history and social science achievements together. [41] such claims, but also for its fellow Friderick Turner (Frederick J. Turner), Charles Beard (Charles A. Beard) shared by et al. But the rise in the last half of the twentieth Century and in the Annales School followed by internationally renowned scholars "" (Annales School), since its beginning, has been insisting on the concept and methods of social science into history study advocates and practitioners, the core journals (1929) founded in 1994 changed its name to ") Annals of history and social science" (Annales: histoire et Sciences sociales) is the most powerful evidence. [42]
   Roughly from 1950 to 1955, combining history and social science to a new stage, its essence is "the general concept widely created from social science to social science methodological problems". [43] spearhead and, under the impetus came mainly from the Social Sciences, history and social science combined with practice quickly replaced by the Rankean historiography as the representative of the traditional historiography, and popular in the whole western historiography. In America, reflect the trend of the "new social history", since the 1960's, it is becoming the mainstream historians, it even so some scholars called "social science history" (history-as-a-social-science).
   China history research in the American China field occupies a large part, is also affected by this trend. As Bale Clough (Geoffrey Barractbugh) said, "not to move or retreat to promote the combination of history and social or behavioral science is the remarkable characteristic of the America". [44] in twentieth Century 60 time, the Chinese USA historians about the rise of social scientific methods into China science discussion research, the landmark event is one of the "Journal of Asian Studies" (The Journal of Asian Studies) in 1964 around the topic of the article published. Skinner (G. William Skinner) of the debate is the initiator of evil, the history of Chinese Ci (Benjamin Schwartz), Levinson (Joseph R. Levenson), Rui Mali (Mary C. Wright), Murphy (Rhoads Murphey), Freedman (Maurice Freedman) and many other outstanding scholars involved. [45] Ke Wen (Paul A. Cohen) later in the summary since the 1970's in the study of the history of American Chinese increasingly "Chinese center orientation", four characteristics of [46] outlined in the last one is "warmly welcome the history beyond the subject (mainly social science, but not limited to) and skills all kinds of theories, methods have been formed, and strive to put them together and historical analysis." [47]
   Research on China legal history in the West who, from historiography. "All kinds of theories, methods and techniques", the most familiar perhaps is Max Webb (Marx Weber) the sociology master rich academic heritage left. According to the end of the forest, Max Webb do not understand the "Chinese Chinese study great amateur, he --"
   "Studies of the whole society is mainly to unique highlights the development of western culture (Eigent ü mlichkeit) of: why only in the west, the rationality and knowledge gradually increasing (Rationalisierung und Intellekturalisierung) phenomenon? Similarly, his sociology of law is to emphasize the characteristics of Western Law: the development of Western Law towards a form of rational order, is one of the unique index Western comprehensive rational process, why only in the modern western part area, a time towards a consistent 'law logic' (Logisierung des Rechts)?" [48]
   In order to more clearly highlighted this problem, Webb selected China traditional law as the contrast type of western modern law "" (Gegentypus). After his ideal type of analysis (ideal-typical analysis), the opposite between the former and the latter is deliberately constructed, the most famous assertion for the monarchy, is China judicial discretion, belonging to the unpredictable Khadi justice (Khadi justice):
   "Chinese judge -- typical patrimonial judge -- to patriarchal system way to trial prison break. That is to say, as long as he is given the sacred traditional weighing more than underground, he never according to the form of the rules, that is' not consider those involved why people '(ohne Ansehen der Person) to trial. Case mostly instead, he will be in accordance with the actual status and the actual situation, the actual results of fair and appropriate to the judgment. This' Salomon type 'Khadi justice nor Islam as a sacred code as the basis. The system compiled royal decree integration, only because it is supported by mandatory witchcraft tradition, so it is considered to be not offended." [49]
   It is with these claims, was "trying to heuristic Euro centrism", becoming the "norms of eurocentrism". [50] more unfortunately, Webb on the traditional China legal judgment, then become largely on China legal history dominated Western friends see the former (prejudice), and even until today still lack of introspection and liquidate enough.
   In this example, to a certain extent proves Cohen's worries. Some not very successful example he mentioned methods social scientific analysis Chinese historical facts, in order to show that to really make a success will be very difficult. This is because, when people attempt to pursue, in front there are three problems: (1) to find the correct theory -- the so-called right refers to it both to detect the western center bias -- and it is very fruitful and historical together; (2) the concept and history social science combined, unlike the concept of people often mistake that almost completely ignored in writing art; (3) require historians brain can master the theory and strategy theory, methods of many subjects different of these disciplines of Social Science (often beyond the scope, the mathematics involved, and the application of Natural Science) -- and this pair of brain, if just installed in a study of Chinese American historian mind, has spent a lot of time and energy, and the world's most fearsome one or two languages bitter war for many years. [51]
   However, it is difficult and dangerous, but it never means that attempts to social science theory is combined with the study of legal history Chinese efforts will always be a bleak future. Since twentieth Century to become the world's academic center, America just around the world has been all kinds of social science theory, the main production and experimental field. In American and Western scholars since twentieth Century, occasionally encountered today left a turn, the right one doctrine, every kind of theories are often you Changba me play. Immersed in under this kind of "squandering is to charming eyes" [52] environment, poor concentration may dazzle and not to know the place for the best, and who can rely on a good ability to identify, preferred for himself from the. Qu Tongzu early in the overseas edition of two will be a combination of history and sociology monograph, is still as a successful example for the people. [53] now, researchers have a part of China legal history is also trying to draw nutrition from the theory of social science, although difficult, even it is inevitable to Xia Yu is mutual, exploration and effort but it is still commendable, step Demao (Thomas Michael Buoye) an example of the monograph is late. The book mainly cites the theory of new institutional economics, the Qing Dynasty penal memorials to the sort of relationship between eighteenth Century China economic and social structure changes and the ordinary daily conflict. [54]
    
    Five, in the hook of experience and theory to explore the sense of history
    
   Pay attention to the judicial files in research, and draw inspiration from the theory of social science, these two trends, is increasingly in the western academic circles (especially America) on Chinese legal history of excellent works intersection, which now be just unfolding the "new legal history" is an important feature of. 1990 years on, especially in recent years, American published quite a lot of components Chinese legal history research monographs or papers. [55] they tend to have one of the above two characteristics or all, therefore, reflect the varying degrees of "new legal history research style", never "only this one, no semicolon", however, objectively speaking, the researchers are relatively decentralized. In the UCLA China legal history research group there, these characteristics are especially obvious embodiment, leading the trend of the center also formed thereby.
   Since 1994, Stanford University press has launched the "legal, social and cultural Chinese" (Law, Society, and Culture in China) series, this is "an important symbol of new legal history" in America rise. This set of books by Huang Zongzhi and Kay co editor, its inception it has produced important influence. From the beginning of 1994, has included in this set of books published so far from the 7. In addition to the [56] and Mai Keli (Melissa Ann Macauley) monograph, [57] other 5 books respectively by Huang Zongzhi, Bai Kai, Bai Derui, Su Chengjie hand (which Huang Zongzhi wrote two books), and four of them are the core character study China legal history group (UCLA or UCLA the professor, or is original from there graduate). We could take this 5 books as an example, to reveal Chinese legal history research group UCLA "method of new legal history" consciousness to use.
   In the academic circles of America and western, UCLA research group China legal history of judicial archives attention is come first on the list. As early as in the late 1970's and early 1980's, Huang Zongzhi had to collect files used for academic research purposes. He later in 1981 May held in Toronto USA Asian Studies Association (Association for Asian Studies) annual meeting was made a special report, which mentioned the preliminary study of his crime, according to the Baodi County Chamber of archives and Baxian archives do. [58] in 1996 with the publication of the book, Huang Zongzhi used the Baxian archives, Baodi County Archives and Dansin archives collection of 628 pieces of Qing Dynasty civil cases, in addition to the Hebei Shunyi county since 128 civil cases in 1910 to 1930 years, and in a book published in 2001, is the use of the 875 cases of local case records, the Qing Dynasty cases by the Baxian archives, Baodi County Archives and Dansin archives in the selection of cases from Hebei, Shunyi, Yibin, Sichuan Zhejiang Yueqing and Jiangsu Wujiang four county. In addition, these two books are used a lot of Japanese South Manchuria Railway Company (South Manchuria Railway Line's State Society) from 1940 to 1942 in Chinese three North Village do excellent field survey results. [59]
   Bai Kai research from the Song Dynasty to the period of the Republic of China Chinese women's property rights evolution of monographs, successfully broke the previous scholars in static image imperial China property inheritance system on the formation of the. The unique perspective of women's history, white Kay said, most of the past because confined to the male centered perspectives, just saw many centuries man's inheritance of property rights is basically stable, but seldom noticed, Song Zhiqing Chinese from women's rights to property actually had very important changes. The key to this insight, lies in the separation between property inheritance system in (apply to men have biological children's case) and Heritage (apply to men without own children's case) the two different processes and concept system. Results with the help of population history (they show that Chinese about 1/5 families without adult son), she points out, from Song Zhiqing, the more common separation system is relatively static, but it is not the immaterial heritage system has undergone significant changes (successively experienced three distinct heritage system), and this is particularly evident in women -- either daughter or widow of property inheritance rights --. This book is about the period of the Republic of China Women's property rights change part, especially relates to a date for the academic attention to the important domain -- the legal transplant. White Kay vividly reveal that deviates from the legislative intent and legal effect since the Republic of China: the attempts by lawmakers were devastating to the old system of inheritance, so that women have equal rights with men, but the fact is, widow indeed can get a copy of her heritage, but lost custody for her deceased husband all property; not only that, negative effects of oligo concubine and widowed daughter-in-law was more profound, even the first established in the legislation of the right of inheritance is extremely fragile daughter. In sum, the period of the Republic of China women in inheritance of property right, can be said to have income, will also lose. In order to confirm these new claims, Bai Kai uses a lot of judicial documents, including 68 Qing Dynasty about the case of inheritance property of judicial archives (from Shandong in Qufu County, Sichuan, Baodi County, Taiwan Prefecture Baxian freshwater and Jiangsu Taihu hall house Hsinchu county), and the 370 in the Republic of China period inherited cases of the original court archives (among them, 96 items from 1910's to 1920's of the Dali Institute, 134 pieces at the same time to appeal to the higher court, 140 belong to the age of 1910 to 1940 in the capital district court and its successors Beijing local court), in addition to a large number of poems, local officials diary and biography. [60]
   Su Chengjie Institute Monograph "imperial China later, law and society" theme, is since the Tang Dynasty, until the Qing Dynasty, the state of nature (rape, adultery, prostitution, homosexuality) legal system and its meaning to ordinary people. He pointed out that, although from Tang Zhiqing, in the countries are using the "evil" the same words to refer to sexual crime, the legal regulation of but, behind the views and the standard has undergone subtle changes. First of all, the potential of violation of national laws and the offender's image design is changing. In the Tang Dynasty, they are often regarded as elite male family slaves and their owners only, but to the Qing Dynasty, this kind of image design replaced are singles and good women and respectable boy. Secondly, the national law embodies a kind of what Su Chengjie called the "from status to sex expression of regulatory standards" (from status performance to gender performance) and gradual change. In the first year of Yong Zheng (1723) after the reform aims to abolish pariahs, originally only for the general standard of Yu Liangmin, about the moral and legal responsibility, in the law was extended to all classes of people, generally in accordance with the requirements of orthodoxy, each according to its gender dutifully played in the social and family roles. Su Chengjie's insight, it is established on the basis of solid research of judicial archives. He used both local and Central Judicial files, although didn't collected of judicial records all references in this book, but to different degrees. This research background information: surprisingly rich local level case record, 500 from 1758 to 1852 years, 160 pieces from Shuntian Baxian archives archives (almost all from Baodi county), and the central level case record, is selected from the cabinet and crime (Su Chengjie replicated from more than 600 pieces) and Ministry of penalty is the case file (Su Chengjie replicated from 80). [61]
   Bai Derui's monograph "minion: clerks and officers" in Qing Dynasty, the county system to explore the role of local government in the Qing Dynasty in the real operation of officials and ministers, and how their organization and behavior may affect the relationship between the state and local. Prior to this (even so far or so), due to the expression of the elite discourse, almost all the research works mentioned in local government officers and clerks, all the comic to regard them as a single-minded pursuit of personal interests corrupt and incompetent, think that they are far beyond the formal official standards and a large number of in fact, it is a big empire administrative disorder. The study on Bai Derui is to present us with the usual image of different real picture. And the scribes and Ba County in Qing Dynasty, which is in fact already in occupation of behavior, create and pursue a set of very precise conventions, rules and procedures, in order to regulate the various initiatives include the recruitment, promotion and distribution all have good prospects of gain opportunities, but also to a certain extent, self - restraint in extreme cases, the corruption and abuse of power are processed by internal sanctions against the official, review. They also tend to be recognized by the magistrate who (magistrate in solving the corvee and scribe, internal disputes, in practice often issued instructions to be maintained on these conventions, rules and procedures), however, these facts play a function of administrative legal system practice, rules and procedures, but not admitted by law, some of them even have been national laws as illegal (if they charge). So Bai Derui called "outside the law system" (extrastatutory system): they are not officially recognized in the official law, but has certain rationality, make up the gap because of the lack of formal rules caused by. In order to ensure that these "outside the law" system can run smoothly, scribe, and tried to work in a variety of ways to be "illegal" action / legal status (legitimizing the illicit). To make a long story short, Bai Derui shows, modern western rational bureaucracy, quite different from the Max Webb painted it, this is Webb model cannot generalize pattern for another kind of administrative behavior but worth scholars seriously. Bai Derui on the powerful subversive academia old see, on the basis of, is very meticulous research for hundreds of documents Baxian archives involving administrative, judicial for the. [62]
   Only the 5 books of view, including the number of the judicial archives and discussed the content is wide, has a as the acme of perfection, and equally important, different from traditional research China legal history, these 5 books were quoted in contemporary social science research, or in the the academic assistance, or be used as a dialogue object. In Huang Zongzhi's two monograph manifests especially obviously. His first set up a Book (Chapter ninth) dialogue with Max Webb's point of view, re examines the legal and political system in the Qing dynasty. Inspired by Webb's theory, but also correct the prejudice, Huang Zongzhi gives Webb once used "rational entity", "hereditary monarchy" concept with new content, making it in the interpretation of law of the Qing Dynasty culture re radiate new vitality. For example, Webb had proposed a tentative proposition -- "rational entity", but what did not play, and Huang Zongzhi is to use and promotion, combined to describe the entity and rationalism, the official trial and the folk mediation contradiction in the Qing Dynasty in civil law. Huang after a monograph is absorbed Girts (Clifford Geertz), Bourdieu (Pierre Bourdieu), Sa Yide (Edward Said) part of the essence of contemporary achievements of important social science theorists in integrated form, at the same time the new views of my own (for example in the book of the custom, stressed the importance of reconstruction "(custom the logic of practice"), and this is clearly inspired by the theory of Bourdieu to play).
   The distinctive feature of these works, since its publication has different degree for many commentators have noted, [63] is now in the "starting" from the Lawsuit Archives paper focus is reflected without involuntary discharge of urine. [64] to the judicial archives, from Sichuan, Baodi County, Taiwan Prefecture of Ba County, Hsinchu County, Bodouna freshwater hall deputy Dutong Yamen Huolu County, Hebei area, Haicheng County, Liaoning province of Fengtian province, Xinmin County, as well as the Ministry of penalty, the central cabinet, Sheng Jing Hu Bu and Imperial Palace, Beijing the court, high court of Sichuan, Sichuan Provincial Civil Affairs Department, the high court, the high court of Hebei Province, Jiangsu province Shanghai first district court and other institutions, adding up all the files, the time from the Qing Dynasty until the Republic of China, in addition to the north, South from the County and the South County R proceedings record. While citing as academic resources and empirical research in the respective carries on the revision of social science theory, at least, including "civil society / the public domain", "state and society", social power sources, "culture of power network" and other theories, including but not limited to, Webb, Bourdieu, Habermas (J ü rge Habermas), Eisenstat (S. N. Eisenstadt), Kong Feili, Michael Man (Michael Mann), Scott (James C. Scott), Duara (Prasenjit Duara), Han Nan (Patrick Hanan), Shigega Susan and Qu Tongzu, Xiao Gongquan, many modern, contemporary academic masters, is more frequently as the talking object.
   Style of research study group UCLA China legal history of common standard for the communication of experience and theory, not only to a certain extent, to correct the western academia in many prejudices Chinese Law -- the traditional, modern and contemporary -- and subversion of the so-called authoritative conclusion (the previous prejudice and "conclusion", including at least that Qing Dynasty Chinese no "real" civil law at all, the Qing Dynasty government understood formal handling civil cases, as well as from the law of the Qing Dynasty to imitate the West's Kuomintang laws change, as deemed by the irrational to rational, from substantive justice / instrumentalist "Cadillac" to the so-called modern law changes), and also greatly expand the breadth and depth of Chinese legal history, complex situation, and gradually approaching the China law and society. On the other hand, perhaps it is because of the differences of these results with previous, aroused the academic debate prolonged, most people knew very well is that happened in Japan for the famous debate between scholars.
   Came 23 days on September 21, 1996, entitled "between the late imperial Chinese law, society and Culture -- the academic dialogue" (Law, Society, and Culture in Late Imperial China: A Dialogue between American and Japanese Scholars) of the international academic seminar held in the Japanese city of kamakura. Among them, the American scholars led by Huang Zongzhi, the Japanese scholars to experts Chinese legal history famous led by Shigega Susan. [65] the two sides first confrontation, in fact, can be traced back to 1993 years ago. It is from the beginning of this year, Huang Zongzhi published several articles, some views of Shigega Susan give clear criticism. The [66] of this criticism, stirred and Shigega Susan has a counter criticism master is Terada Hiroa, who in 1995 published a number of papers to refute. [67] Terada Hiroa has said himself as the "half a party", [68] in fact, Japan's response is almost entirely "something as disciples labor", by him to participate in the debate. Therefore, only two relatively according to different position and different methods of two professors Huang Zongzhi and Terada Hiroa have in this dispute, can we truly to discover some problems hidden and real significance.
   In Terada Hiroa's view, focus on both sides of the argument, mainly concentrated in the "Qing Dynasty hearing is to distinguish right from wrong, to protect the legitimate rights of owners' trial" on this core viewpoint. In a be regarded as authoritative study, Shigega Susan borrowed from D · F · Hundasen's words, the nature of the civil trial in Qing Dynasty, known as "didactic mediation" (didactic conciliation). [69] and Huang Zongzhi is based on the empirical study on a large number of judicial archives pointed out, the Qing Dynasty magistrate in civil disputes, in fact the vast majority are strictly in accordance with the law regulations clearly in a sentence. [70] this field was summarized as "mediation" VS "trial" academic debate, when for some reason not confrontation, finally seemed somewhat part, but its legacy issues, still cannot bypass the legal history research China set foot in this field. [71]
   If the participants today to look at the argument of the past, perhaps inevitably there will be no more sense, because the Japanese scholars in the soul Shiga show three has died in February 25, 2008. He's dead, but the book still. Ten years later, in the face of this debate in the younger generation, from both sides of the argument as I benefited. Huang Zongzhi had correctly points out, this debate the United States and Japan scholars is mainly caused by the differences and method from the view of history (the most important difference may lie in: the actual operation and one of the parties to the legal choice, the other side is mainly to explore the ideological core of legal / permanent constant), [72] and I would like to remind people to pay attention to the other side of the differences is important: scholars both beauty, day view, in view of different, and take great relation research materials of different.
   To a large extent, Huang Zongzhi's argument is the empirical analysis of the huge number of Lawsuit Archives, which is based on the new material system for solid research, can provide insight into the other side ignored by traditional legal history research, especially those who were not seen by the people in the face of choice the law of. But relatively speaking, using the Shigega Susan Japanese scholars of historical materials, it basically belongs to the traditional historical (history, politics, local statutes, etc.), are some of the county magistrate Guide (such as Wang Huizu's "school governance hypothesis"), officials of the court verdict Verdict (such as Qiu Huang's "Fu found recorded") occasionally, even using the original file lawsuits, are often very limited quantities, although they can be in the old paradigm quite mature under the function of the historical play to the best, in order to make the study of excellent. Perhaps Overgeneralization, or when I'm with very limited knowledge and scanty information, Japanese scholars usually considered as informative Kyo, also there is no lack of people wrote about judicial files and emphasize the importance of judicial archives research, [73] but seems to have few people can really use a class system and several kinds of Lawsuit Archives of empirical research. [74] even some of the most outstanding works, often also is more around several cases of extremely limited one or a number of expansion, similar to what Girts called "deep description" (thick description), attempts to seize the so-called legal traditions as a core principle of the whole society and culture, and little attention in the research system with enough convincing judicial archives, at least from has been translated into Chinese works to see so. Although [75] in the use of judicial archives, Japanese scholars in the younger generation has changed, for example the Nakajima movement, [76] ran on the whole, it seems so far to be strengthened.
   Different methods have their own advantages and disadvantages, therefore, we need not favour one more than another to blame the Japanese academic circles this traditional Chinese legal history research methods. But it is these respective using data properties and processing technique is different, to a large extent, led to a famous debate between American and Japanese scholars. Some misunderstanding among them, or as Huang Zongzhi had confidently assert that, "archives for future use of many people, this problem will not." [77]
   In an article, Terada Hiroa stood above the Shiga school's position on 1996, Huang Zongzhi was a ruthless character behind a gentle appearance on a critical analysis of the. He believes that the scholars divide is "observations or theoretical starting point of different":
   "Shiga professors as the foundation of the comparison between culture China type is law culture and Western law. But Professor Huang Qing Dynasty always concerned about law and order and the Republic of China Law and order, and the reform and opening up, between the modern Chinese law order after the market economy of the historical inheritance",...... "In the normative principle difference between Shiga Professor argument is of two types, from the view of methodology, the function is in fact similar does not eliminate this principle difference. In the discussion of Professor Huang, whether there are fundamental differences in principle or the type of problems have not been mentioned, like principle between the two types of consistency is a self-evident fact." [78]
   Even so, he finally in another article, also admitted that Huang Zongzhi said "the official expression and its departure from the practice of" the method of persuasion in general still has the explanation, but the main reason lies in the continuity of legal practice in the period of Republic of China. [79] in my opinion, the critical analysis of Terada Hiroa, just inadvertently brought out Huang Zongzhi's "new legal history" is another important feature.
   In the preface English monograph published in 2001, Huang Zongzhi had a clear account of his time has been implemented in a research program in half, that is -- Qing Dynasty, Republic of China and the order of the people's Republic of China -- writing three volumes of legal history with the times. [80] in my opinion, dominating Huang the aspiring research program, is a profound understanding of reality beyond the traditional legal history. Huang Zongzhi repeatedly in many places, modern Chinese law has initially formed, "both the legacy component is composed of factors, also can be called as China Revolution (excluding the totalitarian regime and the modernity of" revolution "of the traditional part), and in both, more from the western (and by the Kuomintang government to modify the components)". [81] if combined with his research style has always been a deduced, then the illocutionary meaning can be said to be: because there is no legal reality no history, research Chinese legal history must be done through different periods, to explore the changed and unchanged, in order to enhance people's understanding of reality, and should not only meet the for the history and history (but instead of historical nihilism). [82] borrow a word Gan Yang the lift, which is in the three series of the call China legal history "". [83]
   I will this concept called Chinese legal history research "the sense of history", which constitute the "three big characteristics should have new legal history" in one of the key. It was in this "sense of history", Huang Zongzhi of Qing Dynasty, the Republic of China based on solid research, extract the "expression and practice from", "practical moralism", "centralized minimalism governance" concept and theory, makes people even into reality when the mystery, but its across time and space penetration and achieve insight behind. In other words, only under the "view of history", connecting experience (extensive use of highly academic value of the litigation files) and theoretical (draw inspiration from the outstanding social science theory and real dialogue with), refining their inspiring new intermediate concepts, can we truly new legal history achievement on the "". The road is bumpy, but the future is infinite, as Huang Zongzhi many years ago once pointed out:
   "From the empirical point of view, it can discover new information for us, and from the perspective of theoretical research, the concept and theory of it may help us to look for China history with its actual. Perhaps more importantly, the generation gap new legal history may help us across the front of the academic circles, that is to say 'a generation gap between the new' culture and 'old' social and economic history as well as the 'old' legal history, also is the gap between subjectivism and objectivism." [84]
    
   Six, Outside the Box and Juweisiwei
    
   For China scholars, especially since the 1990's, transference to the overseas research achievements China legal history has constituted an important academic resources. Limited outlook, if not quite a few scattered in various journals, essays in a single article, China legal history important translations published in China mainland, in addition to the aforementioned Huang Zongzhi, Bai Kai, step Demao monographs, then at least there is "law in Imperial China", "America scholars on China legal tradition," "during the Ming and Qing Dynasties civil trial and civil contract", "law China image side: in the eyes of foreigners Chinese law", "Chinese family law principle", "local government", "Chinese legal history research, the Japanese scholar research China legal history important results from · C series" (four volumes), "modern Chinese crime, punishment and the prison" etc, the authors not only including overseas Chinese (Hua Yi), also widely and America, Japan, Britain and other places. The [85] part of the translation is the impact on the China legal history of far-reaching, even leading to a large extent the Chinese studies on some issues, as described by the latter is frequently quoted authoritative judgment. In this field gathered some momentum translation project, UCLA Chinese legal history research group results for Chinese academic world, its significance?
   In my opinion, their research, in addition to the Chinese scholars to provide more rich academic resources selection, which may in the academic competition corrected on some biased conclusion earlier, more important still depend on, the academic orientation of the academic community mutual reflect, have a very important inspiration for today the urgent need to Juweisiwei Chinese legal historians, and three characteristics of this "new legal history" is closely related to the.
   Say first use in the study Chinese Lawsuit Archives in legal history. Somewhat paradoxically, in China continent, so far, Chinese legal historians use it to file lawsuits is very unsatisfactory, not only with respect to the other outstanding international counterparts is backward, even with other domestic history -- especially China social history, economic history -- comparison, is far less than. [86] decades ago, when the Chinese legal history scholars and western most counterparts, but also almost all only would rely on statutes, Hui and other traditional literature, engaged in the research of social history, economic history China scholars, such as Li Wenzhi, Liu Yongcheng, Feng Erkang, Zhou Yuanlian, already began to pay attention to the use of criminal science the question of this precious archives, from which extended so far use penal memorials to the academic tradition in this subject. [87] to be fair, this may and subject China legal history when the weak foundation of. But, in addition to the late Mr. Zheng Qin once presided over the "crime" of this exception in this publication, [88] today, China legal history is still almost no one on this kind of file to be used as system, tiny spots scattered with tiny part. Therefore, to take the previous reason if, it is somewhat deceive oneself and others.
   Not only "crime" in the China legal historians rarely has a person system uses, but also in other litigation files. I have not once heard, in Sichuan Province of archives Baxian archives check register, foreign scholars name often visible, but almost not found today, China legal history that a great reputation "". The speaker may not be careless, the listener is more interested in. Since 1985, the first historical archives of China every ten years will hold an international seminar in the Ming and Qing Archives and historical research theme, unfortunately, focused on each paper later published, are almost invisible Chinese legal history figure. [89] and 4-6 months of 2005 in Taiwan when I travel, history and language of coincides with the Central Research Institute in October of the year "will be held in the Ming and Qing Dynasties judicial operation power and culture academic seminar", a help determine the conference invited professor asked for me to inquire, mainland China legal history which scholars have system the judicial archives of Ming and Qing Dynasties done research, perhaps is I with very limited knowledge and scanty information, for a time he was speechless.
   Until recent years, with the domestic research on a new generation of the growth, began to really pay attention to the study of the value of Lawsuit Archives, and make some preliminary but encouraging research. For example, a series of research on the inheritance of property in Baodi County Chamber of archives utilization Yu Jiang, study on the litigation systems in the Qing Dynasty Series Huangyan litigation files made by Deng Jianpeng, Zhao Weini and Wu Peilin were the southern Sichuan county archives of the Qing Dynasty marriage case hearing and doing system research of Shanghai respectively, the archives of the Shanghai public concession mixed court records do use Hong night. But [90] and China publications, published annually, large scale of thousands of papers that hundreds of art, digital proportional this kind of research for it is not worth mentioning. In recent years, discussed China legal historians keen on "whether China traditional judicial deterministic", but frankly, to participate in the debate China scholars, but few people actually use the judicial archives (the answer to this question, based on the in-depth study of the conclusion of judicial archives in fact the most convincing), and is the nominal preferences from the legal cultural of suspended stepping falsely, speak generally. [91] in the Chinese world, the China mainland scholars on the judicial archives, even behind Taiwan scholars. [92]
   Time that draw inspiration from the outstanding social science theory and real dialogue and. Liang Zhiping had pointed out, today, China legal history research --
   "The mainstream paradigm to the textbook is the core of the scarcity of resources although no danger, but have already faced the normative sense of crisis. This is partly because its already mature enough, in part because the nature of this paradigm specifically inhibit the reflection of. Refuse to reflection caused theory doctrine, the suppression of the theory researchers interested in at the same time, also damaged their thought ability." [93]
   In my opinion, in a sense, it is the theory of "dogmatic", still be inferior to saying is "theory ornament" or "theory of nihility". Since 1990 time, the comparative study of Chinese and western legal culture trend. After Liang Zhiping, Zhang Zhongqiu, Fan Zhongxin and other scholars of hard work, has accumulated a lot of attention in the academic achievements for the. One of the new paradigm of contribution, it makes some theory of social science historiography research Chinese legal history has begun to enter the field of vision, such as individual theories in sociology, anthropology. However, in today's China legal history, more mainstream still "heavy criticism, light righteousness" approach, more work is still satisfied with the "historical school" in the sense of historical research (although there is no lack of excellent works), benefit not from academia vigorous development social science theory (compared with western historiography, now of increasing theory, though not necessarily is the advantages), even if has, is only sporadic embellishment, not to mention to the academic research and other social science theory to make a genuine dialogue, advancement and innovation of international advanced based on connecting historical experience and theoretical concepts. What is more, just hearing the name of postmodernism and sniff at, ignore it might be worth taking method. So far, the concept has influence Chinese legal history and theory also extremely poor (think, what can you give some?) Needless to say, the external contribution to other subjects. In short, under the traditional mainstream paradigm, tend to simple empiricism, the introduction of new intellectual resources is still relatively conservative. [94]
   Nature has its necessary to remain vigilant [95] social science theory, but ignoring them may bring benefits to history, the opportunity will broaden the outside will miss important research field, is proposed and its dialogue, also more can't borrow to refine their own new concept. Fu Sinian was speaking "historiography is historical study", this thesis [96] certainly has its reason, but also on the future generations more misleading. Even in the field of history, its narrow place also had frequently criticized. Research on Chinese legal history today, more can't be regarded as unalterable truth even Zuzongchengfa, but merely to act as a vassal of traditional historiography. It is here, Chinese legal history perhaps should listen to listen to Huang Zongzhi's warning: starting from the empirical research, through contact and dialogue theory, to construct our own some based on empirical findings middle-level concepts. This paper present [97] set, to a large extent, which is this worth referring to.
   Finally return to the "sense of history". In today's Chinese law school, Chinese legal history often regarded as a "virtual school", that is being increasingly marginalized. [98] in the face of such situation, worried they bear in mind always, is to make every attempt to discuss how to China legal history to the construction of legal system has its good today. Causes for such worries behind, I already felt. However, the persuasive speech, may appeal to the national sentiment of the magic in the hearts of the people, arouse a ripple, but eventually because of the vague and unconvincing. In my opinion, the real feasible approach, is to through different periods of the history of solid, light, insight problems. Today Chinese legal construction, but China classical legal tradition (especially the old legal system in the Qing Dynasty), the socialist legal tradition (since the formation of Jiefang District old age) and the modern western legal tradition (produced in the late Qing Dynasty, so far the transplant process Zhi Zhong) three traditional mutual impact and product, with each other and so in the study, at least in the modern China legal history, cannot fully as Levinson (Joseph R. Levenson) on the significance of the "museum piece" to study. [99] Huang Zongzhi's three volume work is the perfect example worthy of attention.
   Objectively speaking, these deficiencies exist today, China legal history, but also realistic reasons it is difficult to avoid. One of the most difficult may be judicial file access and use of the inconvenience. Luo Zhitian once said with emotion, with adequate research funding support, the western Chinese history researchers doing doctoral thesis, usually spend a year worldwide access and data collection, and we Chinese historiography doctor can be used for data access funds usually less than 1000 yuan, even in choose a place to see domestic data are only restricted within a short period of time. Department of history like [100] heavy data so, not China Legal History Research Institute of argument. As far as I know, so far, also did not seem to university library, which China buy Baxian archives, micro volume Dansin archives and other judicial archives. When a heart really using his own money, ran to the collection of the judicial archives archives when, unless take longer stays there extract, once want to copy a portion of the file and then slowly on the back, often was immediately for copying costs extremely high ang give up the idea (the so-called "protection fees").
   However, however, does not mean that the Lawsuit Archives for Chinese mainland scholars can not be close to. At least for the China legal history in Beijing, Chengdu, Shanghai, Nanjing city are concerned, as long as there is enough willpower, even in the absence of adequate funding for replication, mostly may also consult directly in the archives. Moreover, some judicial files including Baxian archives, archives, pale new penal memorials to the inside, also already by the relevant units and personnel to collate and publish a part. Although [101] is all judicial records in a drop in the bucket, but if can choose the research topics appropriate, supplemented by other relevant data, generally is enough.
   To some extent, the above this candid speech, perhaps to remind people about the sense of "the emperor's new clothes", even in the annual review of academic saw recently, will always follow the same pattern to claim in the depth, breadth to continue to progress, it seems it is unlimited scenery. Therefore, this "flourishing age" may be regarded as improperly belittle oneself, then by "get sick about prevention", Wan advised, more likely to offend people, will inevitably lead to some people. However, this is no longer ambition of others, putting yourself down, I also know that "long to look" important; on the contrary, my real intention is to borrow the adjacent wall light, according to Han the matter. In the new paradigm emerge in an endless stream, high update frequency today, prominent researchers should not just pulled the car without head to see the road, he / she should remain wide open minded, to see their own shortcomings, to draw outstanding achievements worldwide, inspiration, and ultimately what the discipline dedicated, Chinese legal history is no exception. In other words, the first class, it should stand on solid ground to a China based on historical experience, but also on the western mainstream theories of Social Sciences open. Perhaps we can see right close by home Taiwan academic peers. There, Qiu Pengsheng and others have made the results attract people's attention. [102] in the face of this academic trends, research China Chinese legal history, if not Juweisiwei, then do all one can to catch up, and proceed with determination, is likely to be in this life vitality into the field of international academic edge. If some day in the future as this situation, is not painful!
    
   Seven, the conclusion
    
   For Chinese researchers, of course on UCLA China legal history research group -- such as some claim some of the special problems of consciousness -- any reservations, think little of blindly follow the should be rejected, but as everyone knows that, there was never a perfect academic research; it can even make the criticism on its as long as this criticism, is to have according to, not even the other words are not clear, only to hear the name "brilliant" unable to hold oneself back. But even so, keep reading and thinking in the vigilant initiative at the same time, also remember long chaired overseas Chinese science translation career of Liu Dongna a cherished warned: "no one would just because born 'Chinese', is enough to ensure access to 'know enough China'; on the contrary, in order to prevent mental ossification and aging, he must let the mind to all academic research on China (including the Sinology) to open, embrace the great vitality of the 'Chinese' unsettled". [103] culture in eighteenth Century Scotland poet Robert Burns (Robert Burns) said "like the others as their ability to see". [105] "did not know the true face of Mount Lu, just because in the mountains." [104] in my opinion, this sentence as everyone knows the Chinese poetry, just out of the cross-cultural academic exchanges on the other side. The best way to overcome this defect, perhaps
   For the academic advancement, the key lies in each true aspiring to this scholar can sink in the heart, with outstanding research results of solid. This is most important, today's China legal history research needs to such efforts; but in the academic division of labor is increasingly detailed today, as is trans regional, cross-border exchange of academic information open. At least for me this generation to a lot of people to Chinese legal history for the industry, the language is no longer the main obstacle, which can get rid of completely subject to "dominate the politics of translation", more and more problems may also lies in the academic information timely and refers to the text availability. The role of the latter, not only can avoid a lot of unnecessary duplication of academic production, will sing one's own praises from many people who fill the "blank" dream to wake up, and later, also can make as much as possible to absorb the fruitful results of others have made, and can not proceed with determination in the previous place.
   After some years, if someone talked of intellectual earthquake research China legal history at the time, I want to hear the epicenter is somewhere in the Chinese layout.
    
   (Dr. Deng Jianpeng and Dr. Chen Xinyu had put forward many suggestions on the draft, Professor Huang Zongzhi is carefully read every draft, the paper and give some constructive advices, I benefited a lot from, thank you, of course, but should assume.)
   Used
   Doctoral students * Law School of Peking University, E-mail:youchenjun@163.com.
    
   Notes.
   [1] Neil J. Diamant, "Book Review: Sex, Law and Society in Late Imperial China", American Historical Review, 106, 2001 (2), p.546. Diamond (Neil J. Diamant) is one of the USA field research in Chinese youth leader now, his works include Revolutionizing the Family:Politics Love and books, Divorce in Urban and Rural China, 1949 1968 (Berkeley: University of California Press, 2000) and co-author Engaging the Law in China: State, Society, and Possibilities for Justice (edited by Neil J. Diamant, Stanley B. Lubman, and Kevin J. O'Brien, Calif.: Stanford University Press, 2005)
   [2] macro introduction about American China history research and development history, can see Chen Junjing: "echo across the ocean investigation America:" history China research China Social Science Press, 2003 edition. In the America Chinese study, Chinese research history of a galaxy of talents, and the Ming and Qing Dynasties China study modern history is to occupy a considerable proportion.
   [3] Derk Bodde and Clarence Morris, Law in Imperial China, Exemplified by 190 Ch 'ing Dynasty Cases, Mass.: Harvard University Press, 1967. version see (US) D · buddy, C Maurice: "law in Imperial China", translated by Zhu Yong, Jiangsu people's publishing house, 1993 edition.
   Research America scholars Chinese legal history [4] results, some see Ma Zhao editor: "America Qing catalogue" 1971-2006 years, people's publishing house, 2007, pp. 212-232. A brief introduction of the study, Chinese legal history of USA see Liang Zhiping: "legal history horizon: method, purport and paradigm", to Yang Nianqun, Huang Xingtao, Mao Dan editor: "New Historiography: a multidisciplinary dialogue picture" (below), Renmin University of China press, 2003, pp. 598-603.
   [5] William P. Alford, "Law, Law, What Law? Why Western Scholars of Chinese History and Society Have Not Had More to Say about Its Law", Modern China, Vol. 23 No. 4, 1997, pp.398-399
   [6] (United States) Bu Demao: "the judicial archives and Qing China legal, economic and social research", translated by Qiu Pengsheng, contained "legal history study" (fourth), Taipei, 2003, 240th pages.
   [7] David C. Buxbaum, "Some Aspects of Civil Procedure and Practice at the Trial Level in Tanshui and Hsinchu from 1789 to 1895", Journal of Asian Studies, 30:2 (February 1971), pp.277
   [8] Ibid., p.255
   [9] Sue China: "another perspective -- since the modern Anglo American tradition of the culture Chinese law research", set "global law review" Spring 2003, pp. 76-77.
   [10] (English) from John Roberts (Roberts, John Anthony George): Nineteenth Century, "in the eyes of Westerners China", Dong Zhongyue and Liu Linhai, Zhonghua Book Company in 2006 edition, page twenty-third.
   [11] recently by a monograph hundreds of pieces from the Western text materials, illustrated vividly the early Western world views on Chinese law, see Tian Tao, Li Zhuhuan: "the contact and collision: since sixteenth Century, the eyes of Westerners Chinese law", Peking University press, 2007 edition.
   [12] in my opinion, on the subject of the system in place, so far is Zhou Ning: "Chinese distant: Research China image of western" (,), Peking University press, 2006 edition.
   [13] about the traditional China law in the evaluation of the thought of the western world, can refer to: "Shi Tongbiao effect" Chinese legal culture of the west, Hebei people's publishing house, 1999 edition.
   [14] Sue China: "another perspective -- since the modern Anglo American tradition of the culture Chinese law research", set "global law review" Spring 2003, Seventy-eighth pages.
   [15] Edward W. Said, Orientalism, New York: Vintage Books, a version of 1979. (United States) Edward W said: "Orientalism", translated by Wang Yugen, life, study, New York 1999 edition.
   [16] (United States) high road, Gao Hongjun, Yun He Weifang: "American scholars on China legal tradition" (Revised Edition), Tsinghua University press 2004 edition of introduction, pp. 9-10.
   [17] Roberto M. Unger, Law in Modern Society: Towards a Criticism of Social Theory, New York: Free Press, 1976, and see (beauty) Unger: "law in modern society", Wu Yuzhang, Zhou Hanhua, China University of Political Science and Law press, 1994 edition; being part of the book relates to Chinese Lian law do sharp criticism, see William P. Alford, "The Inscrutable Occidental? Implications of Roberto Unger's Uses and Abuses of the Chinese Past", The Texas Law Review, 64 (1986): 915-972 (in the An Shoulian: "unbelievable western? The meaning of "Unger use and misuse of Chinese history, income (beauty) high Yun, Gao Hongjun, He Weifang:" USA scholars on China legal tradition "(Revised Edition), Tsinghua University press, 2004, pp. 3-51.
   [18] Paul A. Cohen, Discovering History in China: American Historical Writing on the Recent Chinese Past, New York Columbia University: Press, a translation of 1984. (USA) Cohen: "found" in the rise of history -- USA Chinese center viewpoint in Chinese, Lin Tongqi translation, Zhonghua Book Company in 1989 edition.
   [19] about contemporary America of China method to study the status of introduction, see Su Yigong: "research" Chinese law in contemporary USA, load "foreign law" in 1996 Fifth China; Su: "another perspective -- since the modern Anglo American tradition of the culture Chinese law research", set "global law review" spring 2003; Liang Zhiping: "legal history horizon: method, purport and paradigm", to Yang Nianqun, Huang Xingtao, Mao Dan editor: "New Historiography: a multidisciplinary dialogue picture" (below), Renmin University of China press, 2003, pp. 598-603.
   [20] William P. Alford, "Law, Law, What Law? Why Western Scholars of Chinese History and Society Have Not Had More to Say about Its Law", Modern China, Vol. 23 No. 4, 1997, p409
   [21] Ibid., pp.409-410
   [22] Philip A. Kuhn, Soulstealers: the Chinese Sorcery Scare of 1768, Mass.: Harvard University Press, 1990, VII
   [23] about the period of Beiyang government "eight thousand sacks of events" is introduced, can be found in Zou Jiawei et al: "history" Chinese archives, China people's press, 1985 edition, page 167-171; see also Chinese first historical archives compilation: "China first historical archives of archives", published in 1985, No. 5-6 page.
   [24] about China first historical archives collection of penal memorials to the introduction, see (United States) Bu Demao: "murder crime report: the", income (United States) Bu Demao: "manslaughter, markets and moral economy: violent dispute" in eighteenth Century Chinese property rights, Shi Zhang Ming et al, Zhang Shiming, Bu Demao. Social Science Document Press, 2008, pp. 235-272; (US) Bu Demao: "the judicial archives and Qing China legal, economic and social research", translated by Qiu Pengsheng, contained "legal history study" (fourth), Taipei, 2003, 217th pages.
   [25] Chinese first historical archives compilation: "China first historical archives of archives", published in 1985, pp. 77-78, pp. 113-121.
   [26] see Zhuang Jifa: "study" the Imperial Palace archives and the legal history, legal history study "load" (fourth), Taipei, 2003, 278th pages. On the other can see Qin Guojing: "the Chinese Ming and Qing Zhen file guide", people's publishing house, 1994, pp. 128-140.
   [27] see Liu Zhengyun: "the old files, new material -- Academia Sinica Institute of history and Philology Tibetan cabinet repository file status", "new history" volume ninth contained third, 1998; interested readers can clickHttp://archive.ihp.sinica.edu.tw/mct/index.htmSee. On the basis of doing another important collation and research results, see Zhang Weiren: "Research on the legal system of the Qing Dynasty: Central Research Institute of history and Philology existing cabinet library hidden in the Qing Dynasty. A preliminary treatment -- robbery and legal files could. Notes and related paper anti Wen Wu impeach" (three volumes) in 1983, the Central Institute of Institute of history and language version.
   [28] light new archives by National Taiwan University library collections, divided into administrative, civil, criminal three door, a total of 1143 cases, 19281, more detailed introduction to see Chen Jun you, Fan Zhongxin: "China legal history research in Taiwan: a review of" a history of Zhongnan University of Economics and Law Academy of legal culture, load series: "Chinese and western legal tradition" (sixth volumes), Peking University press, 2008 Edition; Sichuan Province Baxian archives kept by the archives, a total of 112842 volumes, from Qian Long, in which all the judicial archives, the largest proportion, accounting for about 88% of the total number of all, see Zhang Zhongren, Li Rongzhong: "the history of the Qing Dynasty -- rose. Sichuan Baxian archives", "historical records" contained in 1986 second; Baodi County Archives preserved in the first historical archives of Chinese, classified as Shuntian archives, the Grindhouse gear accounted for the main part; southern county archives now stored in Sichuan Province Nanchong city archives, the total 18070 volumes, more than 8 pieces, time for the span of Shunzhi thirteen years (1656) to Xuantong three years (1911), wherein the judicial archives has more than 11000 volumes.
   [29] Beatrice S. Bartlett, "An Archival Revival: The Qing Central Government Archives in Peking Today", Ch'ing-shih wen-t'I, Vol. IV No.6 (December 1981), P81
   [30] in addition to the article mentioned white Binju outside, this article also includes at least: Preston Torbert, "The Ch'ing Central Judicial Archives", Ch'ing-shih wen-t'I, Vol. 3 No.10 (November 1978), pp.82-94; Philip C. C. Huang, "County Archives and the Study of Local History: Report on a Year's Research in China" Modern China, Vol. 8, No. 1 (January 1982), pp.133-143; Philip A. Kuhn, "News From The First Historical Archives, Beijing", Ch'ing-shih wen-t' I, Vol. 5 No.2 (December 1984), pp.135-142; Susan Naquin, " The Grand Secretarial Archives at the Institution of History and Philology, Acdemia Sinica, Taiwan", Late Imperial China, Vol. 8 No.2 (December 1987), pp.102-109; Ted A. Telford and Michael H. Finegan, "Qing Archival Material from the Number One Historical Archives on Microfilm at the Genealogical Society of Utah", Late Imperial China, Vol. 9 No.2 (December 1988), pp.86-114; Diana Lary, "The Second Historical Archives, Nanjing" China, Modern, Vol. 7 No.4 (October 1981), pp.498-501; Yasuhiko Karasawa Adly W. Reed, and Matthew H. Sommer, "Qing County Archives in Sichuan: An Update from the Field", Late Imperial China, Vol. 26 No.2 (December 2005), pp.114-128
   [31] Wejen Chang, "The Grand Secretariat Archive and the Study of the Ch'ing Judicial Process", Ch'ing-shih wen-t'I, Vol. IV No.5 (June 1981), pp.108-121
   [32] Nancy Park and Robert Antony, "Archival Research in Qing Legal History", Late Imperial China, Vol. 14 No.1 (June 1993), pp.93-137
   [33] Ibid., p.93
   [34] (United States) D · buddy, C Maurice: "law in Imperial China", translated by Zhu Yong, Jiangsu people's publishing house, 1993 edition, page 152nd.
   [35] David C. Buxbaum, "Some Aspects of Civil Procedure and Practice at the Trial Level in Tanshui and Hsinchu from 1789 to 1895", Journal of Asian Studies, 30:2 (February 1971), pp.255-279
   [36] Emmanuel Le Roy Ladurie, Montaillou, Village Occitan de à 1324 Paris: Gallimard, 1294, a version of 1975. (Law) Emmanuel Lewaraduri: "Montaillou: a 1294-1324 oxhey Taney village", Xu Minglong and Ma Shengli, the commercial press 2007 edition.
   [37] Carlo Ginzbur, The Cheese and the Worms: the Cosmos of a Sixteenth-Century Miller, translated by John and Anne Tedeschi, Baltimore: Johns Hopkins University Press, 1992. an introduction about this book, see Zhou Bing: "contemporary Italy micro history school", set "academic research" in 2005 third.
   [38] Natalie Zemon Davis, The Return of Martin Guerre: Imposture and Identity in a Sixteenth-Century Village, Mass: Harvard University Press, a version of 1983. (United States) Natalie Zemon Davis: "Madan Gach home", Jiang Zhengkuan translation, Taiwan Joint Publishing Company in 2000 edition.
   [39] Natalie Zemon Davis, Fiction in the Archives: Pardon and Their Tellers in Sixteenth-Century France, Stanford: Stanford University Press, a version of 1987. (United States) Natalie Zemon Davis: "fictitious file: Eighteenth Century French forgiveness story and their narrator", translated by Yang Yihong, an Taipei cornfield press 2001 edition. A comment on the book, see Zhang Zhongmin: "'stories' cultural history research -- read" fiction in archives "," carrier "historiography" in 2007 second.
   [40] Wang Qingjia, Gu Weiying: "post modern and History: comparison of Chinese and Western", Shandong people's publishing house, 2006 edition, page seventy-first.
   [41] (United States) Robinson: "New Historiography", translated by He Bingsong, Guangxi Normal University press, 2005 edition, especially the third chapter.
   [42] review of the "Annales", see (English): "Peter Burke French Historical Revolution: the Annales school, 1929-1989", Peking University press 2006 Edition
   [43] (English) Jeffrey Balaclav: "main trends in history", translated by Yang Yu, Peking University press, 2006 edition, page fifty-ninth.
   [44] ibid., page thirty-sixth
   [45] see Zhu Zhenghui: "American Chinese history research -- the theory and practice of" overseas China science exploration, Shanghai ancient books publishing house, 2004 edition, page fifty-eighth.
   [46] needs to be pointed out is, Cohen inference about "Chinese center theory", in fact, in the very great degree is a vicious circle, because it is still limited to two opposite frame in either this or that, west sides. His judgment in Chinese considerable repercussions, but that is the main factor for national feelings and easy to be accepted, and in the American, has not raised the number of waves in the academic circles.
   [47] (United States) Cohen: "found" in the rise of history -- America China center viewpoint in Chinese, Lin Tongqi translation, Zhonghua Book Company in 1989 edition, page 165th. A detailed description about this feature, see Chen Junjing: "echo across the ocean investigation American:" history China research Chinese Social Science Press, 2003 edition, page 205-224.
   [48] forest end: "Max Weber on traditional law -- China Weber's comparative sociology criticism", Taiwan Sanmin Publishing House 2003 edition, page fifth.
   [49] (Germany) Webb: "China religion", translated by Jian Huimei, Taiwan University of Chicago Press 1989 edition, page 214th. The emphasis in cited.
   [50] forest end: "Max Weber on traditional law -- China Weber's comparative sociology criticism", Taiwan Sanmin Publishing House 2003 edition, page twenty-first.
   [51] (United States) Cohen: "found" in the rise of history -- America China center viewpoint in Chinese, Lin Tongqi translation, Zhonghua Book Company in 1989 edition, page 163rd.
   [52] (Tang) Bai Juyi: "Lake Qian Tang spring".
   [53] Ch'u T'ung-Tsu, Law and Society in Traditional China, Paris: Mouton & Co, China law 1961. the series by Qu Tongzu in 1947 published by the commercial press "and" a Book Chinese Society (Zhonghua Book Company later in 1981, 1996, 2003 are reprinted) basis, plus the revision, translated into English; Ch'u T'ung-Tsu, Local Government in China Under the Ch'ing, Mass.: Harvard University Press, 1962. and the qutongzu: "local government" in the Qing Dynasty, Fan Zhongxin, Yan Feng, Law Press, 2003 edition. About the qutongzu combining sociology research style and legal history introduction, see Lin Duan: "by the gorgeous attributed to plain -- Professor Qu Tongzu interview," income "forest end: Confucian ethics and legal culture: Exploration of" sociology, China University of Political Science and Law press, 2002, pp. 128-146.
   [54] Thomas M. Buoye, Manslaughter, Markets, and Moral Economy: Violent Disputes over Property Rights in Eighteenth Century China, New York: Cambridge University Press, 2000. version see step Demao: "manslaughter, markets and moral economy: in eighteenth Century China violent disputes over property rights", translated by Zhang Shiming, Zhang Shiming, Bu Demao, social Sciences Academic Press the 2008 edition.
   [55] these monographs or papers, in addition to the previously mentioned, at least comprises: (1) Thomas B. Stephens, Order and Discipline in China: The Shanghai Mixed Court 1911-27, Seattle and London:University of Washington 1992. Press, the book has absorbed the method of legal sociology when generation, to open up a fresh outlook on the Shanghai International Mixed court data, this book reviews, see Yang Xiangjun: "review: Thomas Stevens" Shanghai International Mixed Court "-- make up a China legal history study time, method of crack load", "legal history study" (second), Taipei, 2001, pp. 207-216, and Wang Zhiqiang: "non western legal system the traditional interpretation of" carrier "," Peking University Law Review second Vol. first album, Law Press, 1999 edition, page 317-322; (2) Mark A. Allee, Law and Local Society in Late Imperial China: Northern Taiwan in the Nineteenth Century, Cali.: Stanford University Press, a version of 1994. (USA): "the nineteenth Century North i-mark Taiwan: Law and local society in late Qing Dynasty Chinese", Wang and translation, and Taiwan Bay the sower culture Limited Edition 2003. More than 1100 cases of the book from Dansin archives micro volume see, selects 5 core case (core case) analysis. Of critical reviews, see Wang Taisheng, Chen Zhixiong, Wei Jiahong: "on the M. Allee Law and local society in Late Imperial China: Northern Taiwan in the Nineteenth Century", "second" the Taiwan history of carrier volume first, 1995; Lin end: "Webb on Chinese traditional law -- Webb comparative sociology criticism" Taiwan's press, 2003 edition, page 125-134; (3)
   Madeleine Zelin (Ceng Xiaoping), Jonathan K. Ocko (Ou Zhongtan), and Robert Gardella, ed., Contract and Property in Early Modern China, Calif.: Stanford University Press, 2004. the book included 11 articles, the authors from different angles the wonderful show contract culture operation in the Ming and Qing Dynasties land management and business organization, a a review of this book, see Chen Qiukun: "book review: contract and property rights" in modern Chinese, load "Academia Sinica Institute of modern history of" fifty-second period, 2006, pp. 221-230; (4) Charlotte Furth, Judith T. Zeitlin, and Ping-chen Hsiung, ed., Thinking with Cases Specialist Knowledge in Chinese Cultural History: Honolulu : University of Hawai'i, Press, 2007 the book three Chinese legal history research papers, which are Jiang Yonglin (Jiang Yonglin) and Wu Yanhong (Wu Yanhong) "Satisfying Both Sentiment and Law: Fairness-centered Judicial Reasoning as Seen in Late Ming Casebooks", Pierre-E ́ tienne Will (Wei Pixin) "Developing Forensic Knowledge through Cases in the Qing Dynasty "(Tang Zejing, Yasuhiko Karasawa Yan)" From Oral Testimony to Written Records in Qing Legal Cases "; (5) Robert E. Hegel (He Guli) and Katherine Carlitz (Ke Lide), ed., Writing and Law in Late Imperial China: Crime, Conflict, and Judgement, Seattle and London: University of Washington Press, 2007. in addition to the introduction, the the book includes 12 papers, a translation of the book all the recent introduction, see (United States) Ou Zhongtan:" the judicial system in Qing Dynasty and judicial literary exchange ", the Fang Wei army, Su China income China Legal History Association:" Law Journal "(Volume 1), social Sciences Academic Press, 2007 edition.
   [56] has published are: Kathryn Bernhardt and Philip C. C. Huang, ed., Civil Law in Qing and Republican China, Calif.: Stanford University Press, 1994; Philip C. C. Huang, Civil Justice in China: Representation and Practice in the Qing, Calif.: Stanford University Press, 1996; Melissa Ann Macauley, Social Power and Legal Culture: Litigation Masters in Late Imperial China, Calif.: Stanford University Press, 1998; Kathryn Bernhardt, Women and Property in China, 960-1949, Calif.: Stanford University Press, 1999; Matthew H. Sommer, Sex, Law, and Society in Late Imperial China, Calif.: Stanford University Press, 2000; Bradly W. Reed, Talons and Teeth: County Clerks and Runners in the Qing Dynasty, Calif.: Stanford University Press, 2000; Philip C. C. Huang, Code, Custom, and Legal Practice in China: the Qing and the Republic Compared, Calif.: Stanford University Press, 2001. Huang Zongzhi and white Kay monographs have been published by the Shanghai bookshop launched version, Bai Derui monograph translation also coming in China publishing.
   [57] on the Civil Law in Qing and Republican China proceedings, see Tao Rong: "a book to introduce: Kathryn Bernhardt & Philip C. C. Huang, Civil Law in Qing and Republican China" carrier "," Peking University law review first Vol. first album, Law Press, 1998 edition, page 223-229; about Mai Ke Li book reviews, see Qiu Pengsheng: "Melissa Macauley Social Power and, Legal Culture: Litigation Masters in Late Imperial China" carrier "new history", volume eleventh issue third (Taiwan), 2000.
   [58] Philip C. C. Huang, "County Archives and the Study of Local History: Report on a Year's Research in China", Modern China, Vol. 8 No. 1 (January 1982), pp.133-143
   [59] Philip C. C. Huang, Civil Justice in China: Representation and Practice in the Qing, Calif.: Stanford University Press, 1996. (Chinese version Huang Zongzhi: "Qing law, society and culture: the expression of the civil law and practice", Shanghai bookshop press 2001 Edition); Philip C. C. Huang, Code, Custom, and Legal Practice in China: the Qing and the Republic Compared, Calif.: Stanford University Press, 2001. (in Chinese Translation: "Huang Zongzhi code, customs and judicial practice in the Qing Dynasty and the Republic of China: comparison", Shanghai bookshop press 2003 edition).
   [60] Kathryn Bernhardt, Women and Property in China, 960-1949, Calif.: Stanford University Press, 1999. Translation: "(see Bai Kai Chinese women and property: 960-1949 years", Shanghai Bookstore Publishing House 2003 edition.
   [61] Matthew H. Sommer, Sex, Law, and Society in Late Imperial China, Calif.: Stanford University Press, 2000,
   [62] Bradly W. Reed, Talons and Teeth: County Clerks and Runners in the Qing Dynasty, Calif.: Stanford University Press, 2000
   [63] more comments about this series, see Neil J. Diamant, "Book Review: Sex, Law and Society in Late Imperial China", American Historical Review, 106 (2), 2001, pp.546-547; (US) Peng Mulan: "transformation of the Empire: the end of Empire of legal, social, commercial and national the formation of", Liu Dong editor: "Chinese academic" (total fifteenth Series), commercial press, 2003 edition, page 214-239; (US) Bu Demao: "the judicial archives and Qing China legal, economic and social research", translated by Qiu Pengsheng, contained "legal history study" (fourth), Taipei, 2003, No. the 220-225 page; Ma Zhao: "the legal history of Qing Dynasty: the civil trial and the judicial practice since 1990 -- published in English history book review seven", "Qing" income series (Fourth Series), Renmin University of China press, 2005, pp. 255-262; Yang: "Research on Modernity and legal history -- Comment on 'law, social and cultural Chinese' series," Huang Zongzhi editor: "income of rural Chinese" (Fourth Series), Social Sciences Academic Press, 2006 edition, third The 93-42 page. Wherein the individual comments caused Huang Zongzhi's two monograph is too many to count, this is not superfluous move.
   [64] Huang Zongzhi, especially Chen Jun editor: "from the perspective of Lawsuit Archives: legal, social and cultural China", Law Press will.
   [65] the meeting after the paper is divided into two series, income Chinese social culture society "Chinese social and cultural" No. twelfth, No. thirteenth. About the scholars in this field in the meeting of the argument, can see (day) Karasawa Yasuhiko: "preface", carrying China social culture society "Chinese social and cultural" No. thirteenth; (day) Terada Hiroa: "the late imperial China law, social culture, - Japanese researchers dialogue" carrier "China book" Ninth, No. 1, 1997; Yi Ping: "controversy" the scholars about the civil trial system in the Qing Dynasty, Chinese and foreign law "carrier" in 1999 third.
   [66] Philip. C. C. Huang, "Between Informal Mediation and Formal Adjudication: The Third Realm of Qing Justice", Modern China, 19-31993; Philip. C. C. Huang, "Codified Law and Magistrial Adjudication in the Qing", in Kathyn Bernhardt and Philip C.C. Huang, ed., Civil Law in Qing and Republican China, Calif.: Stanford University Press, 1994
   [67] (day) Terada Hiroa: "rights and the aggrieved in the Qing Dynasty of the world -- can suit all like", Faculty of law, Northeastern University law "set" volume sixty-first No. fifth, 1997 December, and see (day) Terada Hiroa: "right and the aggrieved hearing -- Qing Dynasty and people's civil law order", (day income) Shiga Luoxiu 3rd waiting, Wang Yaxin, Liang Zhiping: "the civil trial in the Ming and Qing Dynasties and civil contract", Law Press, 1998 edition; (day) Terada Hiroa: "in the Qing Dynasty as seen in" School of litigation forms of inverse "of understanding of it, at -- Analysis of" representation,'s and practice "theory of Post's Robe", at Chinese social and cultural society "China load - social and cultural" No. thirteenth, 1998 June, and see (day) Terada Hiroa: "about the hearing system in Qing Dynasty had seen 'stultify oneself' understanding of the phenomenon -- on Professor Huang Zongzhi's' expression and practice 'theory and criticism", translated by Zheng Furong editor in chief: "easy, load Jiming private law" (the fourth series Vol. second), Peking University press, 2004 edition.
   [68] (day) Terada Hiroa: "the civil trial in the Qing Dynasty: the nature and significance -- Japan and debate among scholars", translated by Wang Yaxin, contained "Peking University law review first Vol. first album", Law Press 1999 edition, page 604th.
   [69] (Japan) Shiga Luoxiu 3rd: "summed up the litigation systems in the Qing Dynasty, was from the civil law in the investigation of" carrier "," Oriental History Research Vol. 40 No. 1, 1981, pp. 4-102 (Japan), Naka Fumi, He Xiusan: "the system of civil litigation law general investigation -- love," science, law, Shigega Susan, Wang Yaxin, Liang Zhiping: "the civil trial in the Ming and Qing Dynasties and civil contract", Law Press, 1998, pp. 19-53.
   [70] Huang Zongzhi: "in law, society and culture in the Qing Dynasty: the expression and practice of the civil law", Shanghai bookshop press 2001 edition, page 73-106.
   [71] Xu Zhongming once very detailed outline of the debate and the Department of research results, related to see Xu Zhongming: "case, the story and the Ming and Qing Dynasties judicial culture", Law Press, 2006, pp. 57-58.
   [72] Huang Zongzhi's summary, to the effect that: (1) difference method: A. his research method is firstly identify the official expressed at different levels, and then noticed the official expression and folk expression is different, it is important to note that divergence between the two, but more important, deviation in between expression and Practice; B. Shiga School of Japanese scholars in the study of Chinese legal history, the core principle tend to grab a legal tradition and even the whole society and culture, and this kind of method, it is mainly influenced by German traditional jurisprudence. Study on the reasonable method of Shigega Susan, is mainly analysis on the official expression; (2): A. on his historical view of social history as the object of study of scholars, not only pay attention to the study of environmental structure, but also pay more attention to the active choice to explore different parties hereunder; He Xiusan B. , basically on the latter will not be considered. See Huang Zongzhi: "China legal system of economic history, social history, cultural history," carrier "Peking University Law Review second Vol. first" series, Law Press, 1999 edition, page 366-368.
   For example [73] (day) Terada Hiroa: "treasure" and prefectural archives and Qian Long -- the first historical archives in Chinese mind "," set of oriental legal history will communication "No. fourth, 1989 May; (day) Terada Hiroa:" research "of legal system of Qing Dynasty history research and archives, archives of the Qing Dynasty on the international system" Corporation, and set report ", research,,,, col of language and culture, Tokyo University of foreign language institute.
   [74] but Morita Narumitsu in Qing Dynasty China land ownership and its disputes judicial settlement research carried out, a few exceptions, is what I see see Morita Narumitsu: "the Qing Dynasty China land law research", the author from the journal, 2008 edition.
   [75] (day) Terada Hiroa: "China civil litigation in Qing Dynasty and" method "-- the construction of" a case Dansin archives "or as a material of at Japan Society of law society," contained: "law" (Yearbook of the construction of "sociology" No. fifty-eighth), Yuhikaku publishing in 2003 March edition, pp. 56-78. In the "China Qing Dynasty Civil Litigation and 'method to build' -- with a case Dansin archives as material," Li Liyi Yi Jiming, editor of "private law" set: (third series second dragged into, Peking University press 2004), pp. 304-326.
   [76] (day) Nakajima Raaki: "the Ming Dynasty Xiang village of conflict and order -- Huizhou documents or materials and technique at", draw ancient academy 2002 edition.
   [77] Huang Zongzhi: "China legal system of economic history, social history, cultural history," carrier "Peking University Law Review second Vol. first album", Law Press 1999 edition, page 367th.
   [78] (day) Terada Hiroa: "the civil trial in the Qing Dynasty: the nature and significance -- Japan and debate among scholars", translated by Wang Yaxin, contained "Peking University law review first Vol. first", Law Press, 1999 edition, page 611st, 614th pages.
   [79] (day) Terada Hiroa: "about the hearing system in Qing Dynasty had seen 'stultify oneself' understanding of the phenomenon -- on Professor Huang Zongzhi's' expression and practice 'theory and criticism", translated by Zheng Furong, editor in chief of "private law Jiming load easily:" (the fourth series Vol. second), Peking University press 2004 edition, page 458th.
   [80] Huang Zongzhi: "law, customs and judicial practice in the Qing Dynasty and the Republic of China:" the Shanghai Bookstore Publishing House, 2003 edition, English version. The three volume in the first two volumes have been respectively in 1996 and 2001 by Stanford University press English version, version also followed in 2001 and 2003 by Shanghai Bookstore Publishing House, now the last volume "-- past and present: preliminary exploration" Chinese civil law practice -- is in law publishing, and different from the the first two volumes is, this is the first Chinese version.
   [81] Huang Zongzhi: "modern Chinese legal?" Huang Zongzhi: "the income, experience and theory: China social, economic and legal practice of historical analysis", Renmin University of China press, 2007 edition, page 393rd.
   Concerned about the [82] this theory in Chinese legal history, Huang Zongzhi has published three volumes of books, each volume has been evident. See also Kathyn Bernhardt and Philip C. C. Huang, "Civil Law in Qing and Republican China: The Issues", in Kathyn Bernhardt and Philip C. C. Huang, ed., Civil Law in Qing and Republican China, Calif.: Stanford University Press, 1994
   [83] Gan Yang: "three unification", life, study, New York 2007 edition.
   [84] Huang Zongzhi: "China legal system of economic history, social history, cultural history," carrier "Peking University Law Review second Vol. first album", Law Press 1999 edition, page 376th.
   [85] (United States) D · buddy, C Maurice: "law in Imperial China", translated by Zhu Yong, Jiangsu people's publishing house, 1993 edition; (the) high Yun, Gao Hongjun, He Weifang: "America scholars on Chinese legal tradition", China University of Political Science and Law press, 1994 edition, Tsinghua University press 2004 Edition (day) Shigega Susan; wait, Wang Yaxin, Liang Zhiping: "the civil trial in the Ming and Qing Dynasties and civil contract", Law Press, 1998 edition; Zhang Zhongqiu: "a China legal images: the eyes of foreigners China law", Law Press, 2002 edition; (day) Shigega Susan: "principle" China family law, Zhang Jianguo, Li Li, Law Press 2003 edition; the qutongzu: "local government" in the Qing Dynasty, Fan Zhongxin, Yan Feng, Law Press, 2003 edition; yangyifan editor in chief: "Chinese legal history research, the Japanese scholar research Chinese legal history important results from · C series" (four volumes), Chinese Social Sciences Press 2003 edition, in four volumes by Yama Aki, Okano Makoto, Kawamura Yasuwa Terada Hiroa, editor in chief; (g) Feng Ke (Frank Dik ö tter): "in modern times Crime, punishment and the prison Chinese ", Jiangsu people's publishing house, 2008 edition.
   [86] objectively speaking, domestic academic circles recent situation is not optimistic. In an article, a senior historian Chinese have ruefully noted, the recent 20 years, to Chinese first archives of history "the number of reading in reduced, usually very rare professional workers, each to the cold, summer two false, foreigners (especially Japanese) are often more than Chinese", "in this 20 years, the Qing Dynasty history of professional personnel in the increase, master, doctor graduate every year is growing exponentially, while the number of Qing Dynasty archives is referred to as a decrease in the rate of." See Mao Haijian: "historical reconstruction", "historical research" set in 2004 fourth, twenty-first pages. In contrast, for the China legal history, which so far still has not yet been addressed.
   [87] is only 1990 years ago, China social history, economic history related content of "crime" of the sorting or research publications at least: Li Wenzhi: "Chinese agriculture in modern history", life, study, New York 1957 edition; Institute of Qing history of Renmin University of China, Department of archives the history of the system China: "political department. The Kangxi period the people's struggle against data", Zhonghua Book Company in 1979 China version; the first historical archives, China Academy of Social Sciences History Research Institute Co editor of "rent" in Qing Dynasty: formation of exploitation, Zhonghua Book Company in 1982 China version; the first historical archives, Chinese History Research Institute of the Academy of Social Sciences EDS: "Qing Dynasty, land ownership and tenant rent struggle", Zhonghua Book Company, 1988 edition; Zhou Yuanlian Xie Zhaohua: "research" tenancy system in the Qing Dynasty, Liaoning people's publishing house, 1986 edition. Since the 1990's, social historians system using the "crime" of the outstanding works, Wang Yuesheng: "Chinese marriage and family research in eighteenth Century:" based on the analysis of 1781-1791 case, Law Press 2000 Edition (with more than 2000 pieces of crime Qing Emperor Qianlong forty-six years to fifty-six years 11 years of the marriage and family archives the book very system location); Guo Songyi: "ethics and life: Qing Dynasty marriage", the Commercial Press 2000 Edition (except the "crime", the book also used the Chinese first historical archives and the archives of Liaoning Province large collection of files); Wang Yuesheng in the middle of the Qing Dynasty: "dialysis" marital conflict, Social Sciences Academic Press, 2003 edition.
   [88] Zheng Qin, Zhao Xiong editor: "the Qing Dynasty Service -- a penal memorials to the archives collection", China University of Political Science and Law press, 1999 edition.
   [89] Chinese first historical archives of Ming and Qing Dynasties: "study of archives and History: the first historical archives of Chinese sixty anniversary Symposium" (, 2), Zhonghua Book Company in 1988 Chinese version; the first historical archives compilation: "archives of Ming and Qing Dynasties and historical research" (, 2), China Friendship Publishing Corporation the 2000 edition of Chinese; the first historical archives compilation: "archives of Ming and Qing Dynasties and historical research" (, 2), the Xinhua Publishing House in 2008.
   [90] Yu Jiang: "the inheritor and state county trial -- Taking Baodi County as the clue, Grindhouse file" carrier "Tribune" in 2007 fifth period; Yu Jiang: "the Qing Dynasty's stepson sun responsibility -- a Grindhouse Shuntian archives in Baodi County as a clue," carrier "of modern law" in 2007 Sixth period; Deng Jianpeng: "Songshi in Qing Dynasty style with a '-- Taking Huangyan as the center of Lawsuit Archives'", "Zhejiang social science" carrier in 2005 fourth; Deng Jianpeng: "study of the Qing Dynasty County case ruling way -- to' Huangyan litigation files' for examination of the elephant," carrier "Jiangsu social science" in 2007 third period; Deng Jianpeng: "the judicial operation case and base counties in Qing Dynasty -- Taking Huangyan Lawsuit Archives Research Center", "rule of law" contained on 2007 fifth; Deng Jianpeng: "Qing Dynasty civil prosecution way -- Taking Huangyan as the center of Lawsuit Archives", carrying China Legal History Society: "Chinese culture and rule of law", the social sciences literature press, 2007 edition, page 295-297; Zhao Weini: "in the late Qing Dynasty to the magistrate judge -- marriage cases in late Qing Dynasty in southern Sichuan county archives and" political book of Fanshan "mutual Test "," law "China carrier in 2007 sixth; Wu Peilin:" study "the Qing Dynasty guandaishu perspective of Sociology of law," "law of carrier in 2008 second; Hong night:" Shanghai public concession of the Mixed Court of East China University of politics and law ", 2005 doctoral dissertation.
   [91] from what I know, in recent years, and this thesis is closely related to the seminar, concern is at least two times. One is held in November 11, 2006 at the Tsinghua University law school "traditional China forum" held in April 12, 2008, and the second is in East China University of politics and law "Chinese ancient legal certainty" symposium.
   [92] in Taiwan area Chinese legal history scholars, such as Huang Yuansheng, Lai Huimin, Qiu Pengsheng and so on, in the study of the original judicial files is quite seriously, and this and a considerable part of the file data in Taiwan area are relatively easy to obtain the. In some judicial files which use, although Taiwan scholars have advantages such as waterside pavilion, National Taiwan University library collection "Dansin archives" original, Central Research Institute of history and language of the legal department of the history of the "light" of new file copy, Central Research Institute of Fu SSU Nien library and history of Taiwan Research Institute of "light the new file" micro volume, Central Research Institute of history and language of the collection of "Imperial Cabinet repository file" and the the Imperial Palace in Taiwan Museum collection of the Qing Dynasty judicial files, but a considerable part of the judicial archives are through the Taiwan scholar's repeated efforts to collect, such as in the Institute of modern history of Guo Ting to library see from the China, buy "Baxian archives", "Chinese special subject archives cabinet the criminal science class: Marriage (1732-1762)", "the Chinese yellow book" and other micro volume and "Beijing trial system of archives collection", while the data from related scholars, including the Institute Ryan Hui Min, pay. Huang Yuansheng in addition to the legal research to the exquisite and famous, he on the judicial archives collection and compilation of more academic attention, shoes wear out, daughter cleared, finally compiled into "Dali Institute of civil case the assembly" 27 volumes, "the Dali Institute of criminal case text compiled" 17 volumes, "the Dali Institute of the civil judgment" 25 volumes, "Hui LAN Hui LAN Dali Institute of criminal judgment" and "Ping Zheng Yuan award 30 volumes recorded" 1 volumes, the "Ping Zheng Yuan ruling recorded" a book has been published in Taiwan in 2007, the rest of the archival compilation is reserved in legal political science basic law center. See especially Chen Jun, Fan Zhongxin: "Chinese legal history in Taiwan: a review of" a history of Zhongnan University of Economics and Law Academy of legal culture, load series: "Chinese and western legal tradition" (sixth volumes), Peking University press, 1998 edition, page 29-31, page 39-42.
   [93] Liang Zhiping: "legal history horizon: method, purport and paradigm", to Yang Nianqun, Huang Xingtao, Mao Dan editor: "New Historiography: a multidisciplinary dialogue picture" (below), Renmin University of China press, 2003 edition, page 592nd.
   [94] relatively speaking, China social history is more open, some works in publishing can serve as evidence, see Yang Nianqun editor: "New Historiography" (the first volume, "feeling, image, narrative"), Zhonghua Edition 2007 sun Jiang; editor in chief: "New Historiography" (second volumes, "the concept of text · methods"), Zhonghua Book Company in 2008 edition. And history in the Taiwan area, since the 1980's the rise of the so-called "New Historiography", the standard bearer of the Lu Jianrong insists history to social science theory, advocated historiography reform should be based on "seven forces on social history, three forces on the postmodern historiography", see Lou Jian Rong: "post Modern History Guide" as a guide, income (English) Keith Jekins (Keith Jenkins): "Rethinking history", translated by Jia Shiheng, Taiwan in 1996.
   The [95] for this point, already has a brilliant exposition, see Huang Zongzhi: "the academic theory and the China study modern history -- four traps and a question," the translation, edited by Huang Zongzhi: "discuss" income Chinese research paradigm, Social Sciences Academic Press, 2003, pp. 102-133.
   [96] see Fu Sinian: "interest" Institute of history and language of the original work, "Academia Sinica Institute of history and language of" first of the first points, after 1928, income of Fu Sinian: "the historical discussion and other", Liaoning Education Press, 1997 edition.
   [97] Yang Nianqun had a very incisive summary of the American China research tells us: "the concept of the middle range theory accumulation, to standardize the interpretation of historical data. On the one hand it with the concept of middle range theory conversion continuously guide historical search out new surprise to find, on the other hand, each intermediate concept in the accumulation of knowledge formation characteristics of increasing mutual connection, make the problem discussion and historical data collection must be limited in scope definition, thus preventing the abuse of subjective intuition the." See Yang Nianqun: "American China research paradigm and research China history the reality of the situation," Huang Zongzhi editor: "income" problem research paradigm discussed Chinese, Social Sciences Academic Press, 2003, pp. 300-301.
   [98] about the "real", "virtual school" distinction, see Huang Yuansheng: "Chinese traditional legal system and thoughts", Taiwan five southern publishing company in 1998 edition, order. According to Huang's words in other places, this is he in Japan during the visiting scholar in Kyoto University, often listen to Japanese scholars do such distinctions, the standard is whether there was a direct link with practice.
   [99] "museum piece", is a famous metaphor proposed in Levinson's research China fate of traditional Confucianism modern, he believes that the surface China official appears to the revival of Confucianism, but in fact it is only as the historical museum collections, the purpose of which is to put it out from the reality of the culture, replace the cultural effect it has, see (beauty) Levinson: "Confucianism Chinese and modern destiny", Zheng Dahua, Ren Jing, Chinese Social Science Press, 2000, pp. 337-343. Another USA research Chinese thought history all Hua ci history (Benjamin Schwartz) once pointed out, think in terms of non-material culture, with "library" to describe the perhaps more appropriate. In my opinion, the connotation of both in listening.
   [100] Luo Zhitian: "" ShanHaiChing "and modern Chinese historiography", "social science" China carrier in 2001 first.
   [101] these have been published documents, including at least: "Dansin archives from administrative Chu Ji" (four volumes), room, economic research Taiwan banks 1957-1971; Wu Mi Cha editor: "Dansin archives", National Taiwan University library, 1993-2007 has 24 volumes, of which first and sixteenth copies all administrative series, a part of the seventeenth and twenty-fourth copies for the civil code, the rest will continue to press, 2008, scheduled to be published in civil code twenty-fifth and twenty-eighth copies; Sichuan Provincial Archives Compilation: "Ba County in Qing Dynasty archives compilation (Qian Long Chao)", archives press 1991 edition; the History Department of Sichuan University, Sichuan province archives the editor: "Jia Dao in Qing Dynasty from the Baxian archives" (on), Sichuan University press, 1989 edition; the History Department of Sichuan University, Sichuan Provincial Archives editor: "Jia Dao in Qing Dynasty from the Baxian archives" (bottom), Sichuan University press 1996 edition; Zheng Qin, Zhao Xiong editor: "the Qing Dynasty Service -- a penal memorials to the archives collection" China University of Political Science and Law press, 1999 edition; Edition; Du Jiaji editor: "the reign of the Qing Dynasty penal memorials to the social historical journal" (three volumes), Tianjin Ancient Books Publishing House, 2008 Edition; Tian Tao, Xu Chuanxi, Wang Hongzhi editor: "Huangyan litigation files and investigation report: between tradition and reality -- seeking the law to the countryside" (, 2), Law Press, 2004 edition. While in the later Qing Dynasty in Shaanxi, Ziyang County Archives will be part of the publishing.
   China legal research [102] Qiu Pengsheng recently, to a large extent is voluntary compliance with the "new legal history" approach, not only pay attention to the use of the judicial archives, and attention from other disciplines for inspiration, see Qiu Pengsheng: "when the law & Economics: the Ming and Qing Dynasties Chinese commercial law", Taiwan five southern publishing company in 2008 version.
   [103] Liu Dong: "reading China sequence", see Huang Zongzhi editor: "discussion" China research paradigm, Social Sciences Academic Press, 2003 edition, page second in the total order.
   [104] (song) Su Shi: "title Xilin wall".
   [105] Burns in a poem once wrote: "ah, God gave us a skill, like the others to see! It would have saved many stupid things, also won't make blind and disorderly conjectures ", see Burns:" lice ", income (UK) Burns:" Burns poems ", translated by Wang Zuoliang, people's Literature Publishing House in 1998 edition, page 106th.
    
   In this paper, load "open" in 2008 sixth times. A more detailed version, income, especially Huang Zongzhi Chen Jun (chief editor): "from the perspective of Lawsuit Archives: legal, social and cultural Chinese", Law Press 2009 edition.