2008Journal of Anhui Normal UniversityRequires access

Interrogation without Torture in the Chinese Tradition Judicature from Trial Book without Torture

Chi Zhang

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Abstract

The interrogation with torture is the extremely prevalent reality during the ancient lawsuit in China while the interrogation without torture was a lawsuit ideal in the ancient society.Both constitute the conflict between ideal and reality in the Chinese tradi-tional judicature.Transforming the tortures tradition as the primary intention and advoca-ting the interrogation without torture,the Trial Book without Torture,a representative work of the legal research works in the end of the Qing,carries on a thorough and valuable summary and discussion on the judicial experience of the ancient China.The book fully demonstrates the multi-dimensional characteristics of the interrogation without torture in the Chinese tradition judicature.

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The interrogation with torture is the extremely prevalent reality during the ancient lawsuit in China while the interrogation without torture was a lawsuit ideal in the ancient society.Both constitute the conflict between ideal and reality in the Chinese tradi-tional judicature.Transforming the tortures tradition as the primary intention and advoca-ting the interrogation without torture,the Trial Book without Torture,a representative work of the legal research works in the end of the Qing,carries on a thorough and valuable summary and discussion on the judicial experience of the ancient China.The book fully demonstrates the multi-dimensional characteristics of the interrogation without torture in the Chinese tradition judicature.

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Available abstract

The interrogation with torture is the extremely prevalent reality during the ancient lawsuit in China while the interrogation without torture was a lawsuit ideal in the ancient society.Both constitute the conflict between ideal and reality in the Chinese tradi-tional judicature.Transforming the tortures tradition as the primary intention and advoca-ting the interrogation without torture,the Trial Book without Torture,a representative work of the legal research works in the end of the Qing,carries on a thorough and valuable summary and discussion on the judicial experience of the ancient China.The book fully demonstrates the multi-dimensional characteristics of the interrogation without torture in the Chinese tradition judicature.

Key concepts: Torture, Interrogation, Lawsuit, China, Law, Ideal (ethics), Political science, Criminology

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