The miscarriages of justice in late Qing Dynasty—analysis focused on the original trial judge Liu Xitong in the case of Yang Naiwu and Xiao Baicai

Abstract

This article introduces the case of Yang Naiwu and Xiao Baicai, a famous case in late imperial China, and its important value for the study of legal history of the Qing Dynasty. Based on the analysis of this case, this article focuses on the issue of the responsibility of the magistrate Liu xitong, the judge of this case, who analyzed the mentation of his miscarriage under the pressure of the rules about judges responsibilities in their judgment through which reveal the stimulation and passive infection of the judgment of the judges.