Abstract
Beyond legal changes and institutional reforms, the judicial practices of the Dali Court (Dali Yuan 大理院 [Supreme Court of Justice], 1907-1911) in the late Qing dynasty illustrate the practical unfolding of legal reform during that period. Contrary to conventional beliefs, the Dali Court in its judicial practices incorporated elements of modern legal principles while also retaining aspects of traditional legal reasoning. In response to the demands for reform, the Dali Court adopted principles of constitutional monarchy from the West and used legal education and graduation examinations to train judges and ensure they had at least a basic knowledge of modern law. In judicial cases, Western legal reasoning was employed to explain issues of legal application. On local judicial practice, the Dali Court aimed for substantive justice, adjusting certain processes within new trial procedures to advance judicial civilization. In the matter of judicial reform, the Dali Court focused on improving the judiciary, enhancing the
significance of evidence in factual determinations, and eliminating unnecessary summons procedures to reduce the litigation costs for the public, thereby addressing the shortcomings of traditional trial systems. To pursue a sound legal order and case-specific justice, the Dali Court integrated traditional legal reasoning, emphasizing the protection of interpersonal relationships in civil trials and remaining centered on the balance of “emotion and law” (qing fa zhi ping 情法之平) in criminal trials. By analyzing the Dali Court’s judicial activities, we can discern its choices and attitudes toward traditional and modern law, which may offer valuable insights for future judicial practices.
Keywords
Late-Qing Dali Court (Dali Yuan [Supreme Court of Justice]), judicial practice, legal reform, legal civilization
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