This encounter exemplifi es the context in which China’s legal reform took
place in the early twentieth century. Although the government was the main driver
of legal reform, government heads may not have accurately perceived the outcomes
of that reform. Reading this conversational exchange, we can easily feel Cao’s
frustration. A member of one of the fi rst generations of modern law specialists in
China, who had returned from Japan and was now enjoying a good living and
exemplary reputation practicing law in Beijing, Cao was now being equated by
the highest fi gure in the new government with the notorious litigation hooligans
of the imperial era. Although the substantive difference in terms of income and
legal status between a modern lawyer and a litigation master of the old days mattered,
so too did the perception and interpretation of that difference, as it is they
that shaped the modern lawyer’s social status. Traditional perceptions, such as that
expressed by Yuan, and efforts to overcome them in turn affected the outcomes of
the country’s important legal reform.
At the same time, traditional Chinese legal thinking on how justice should be
done in trial hearings also provided useful guidance for Republican judges, helping
them to make sense of transplanted criminal procedures and imported laws
that lacked suffi cient guidelines for their practical application in Chinese society.
Such traditional thinking and efforts to assimilate it into imported legal rules also
affected the outcome of China’s fi rst experiment with legal transplantation.
This book tells the story of the efforts and pains exerted by legal practitioners
in overhauling an indigenous criminal justice system in its entirety and replacing
it with a foreign legal transplant in early twentieth century China within a short
period of time and in the face of military and political pressure. Within the subtitle
of this monograph, Practicing law in Republican Beijing (1910s?1930s)