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Beyond the Shadow of the Law: Firm Insolvency, State-Building, and the New Policy Bankruptcy Reform in Late Qing Chongqing

Dykstra, Maura (2013) Beyond the Shadow of the Law: Firm Insolvency, State-Building, and the New Policy Bankruptcy Reform in Late Qing Chongqing. Frontiers of History in China, 8 (3). pp. 406-433. ISSN 1673-3525. doi:10.3868/s020-002-013-0028-8. https://resolver.caltech.edu/CaltechAUTHORS:20190506-152510963

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Abstract

This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understood by evaluating only published sources, and that a thorough understanding of dispute mediation techniques must serve as a foundation for assessing the historical importance of the law. It offers a description of Qing insolvency dispute practices by providing an analysis of cases from the Ba county archives. The results of that analysis suggest that, although the Qing Bankruptcy Code was repealed soon after its introduction, the reform ambitions behind the new legislation were realized through the implementation of another New Policy reform, which allowed chambers of commerce to resolve bankruptcy disputes differently. This conclusion suggests that the basic vision of the Qing economic reforms of the New Policy movement had more of a lasting impact than has been assumed to date.


Item Type:Article
Related URLs:
URLURL TypeDescription
https://doi.org/10.3868/s020-002-013-0028-8DOIArticle
https://brill.com/view/journals/fhic/8/3/article-p406_6.xml?lang=enPublisherArticle
ORCID:
AuthorORCID
Dykstra, Maura0000-0001-6036-6440
Additional Information:© 2013 Brill Academic Publishers. The author would like to thank R. Bin Wong, Jean-Laurent Rosenthal, Richard von Glahn, Andrea Goldman, and Naomi Lamoreaux for their feedback. This research was conducted with support from the Fulbright-Hays program and the UCLA Center for Economic History.
Funders:
Funding AgencyGrant Number
Fulbright-Hays ProgramUNSPECIFIED
University of California Los Angeles (UCLA)UNSPECIFIED
Subject Keywords:bankruptcy, New Policy reforms, Qing, Chongqing
Issue or Number:3
DOI:10.3868/s020-002-013-0028-8
Record Number:CaltechAUTHORS:20190506-152510963
Persistent URL:https://resolver.caltech.edu/CaltechAUTHORS:20190506-152510963
Usage Policy:No commercial reproduction, distribution, display or performance rights in this work are provided.
ID Code:95266
Collection:CaltechAUTHORS
Deposited By: Tony Diaz
Deposited On:06 May 2019 22:50
Last Modified:16 Nov 2021 17:11

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