Bringing Chinese Law in Line with Western Standards? Problematizing “Chinese” and “Western” in the Late Qing Debate over the New Criminal Code of Great Qing

Abstract

This article examines the intense debates over the New Criminal Code of Great Qing (Da-Qing xin xinglü) in the National Assembly (Zizheng yuan) during the Qing empire’s New Policy Reform (1901–11). The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations, especially over reform of the laws on filial piety and fornication. The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that “ruled through the principle of filial piety” into a modern nation-state that had direct relationships with its citizens. More importantly, an analysis of the late Qing debate over family law enables this article to problematize such concepts as “Chinese” and “Western” during this crucial moment of China’s empire-to-nation transformation. It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.

Keywords

New Policy Reform (1901–11), New Criminal Code of Great Qing , statism, familism, filial piety, fornication, national essence, universalism

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