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Dissertation Information for Danny S. Hsu

NAME:
- Danny S. Hsu

DEGREE:
- Ph.D.

DISCIPLINE:
- History

SCHOOL:
- University of California, Los Angeles (USA) (2007)

ADVISORS:
- Philip C.C. Huang
- Kathryn Bernhardt

COMMITTEE MEMBERS:
- Cameron Campbell

MPACT Status: Fully Complete

Title: Impeachments and administrative litigation in Qing and Republican law

Abstract: This dissertation draws on local- and central-level case records from the Qing and the Republican periods and examines the boundaries of recourse that people in society had for addressing complaints against officials and state organs.

From the standpoint of the law, the Chinese state was committed to combating abuses of power within the bureaucracy. However, during the Qing, disciplining the bureaucracy was seen primarily as a matter of the state's internal affairs. Though in theory people could lodge suits against any official, in reality, effective recourse was limited to cases lodged against county clerks and runners. Those who dared to lodge petitions against magistrates and other higher-level officials were often punished for disrespecting state authority, even when their allegations turned out to be true.

Dramatic changes, however, took place during the Republican period. The establishment of a court system dedicated to adjudicating citizen-initiated impeachment and administrative litigation suits brought about a significant shift in the conception of the people's role in the governance of the nation. Through institutions such as the Pingzhengyuan, the Control Yuan, and the Administrative Court, citizens could now take a greater role in the effort to bring administrative practice in line with the new Republican ideals of law and governance. While the right of citizens to impeach officials was not as successfully implemented at the regional level, as seen in the example of Sichuan, nevertheless, it is clear that the idea of citizen recourse against the state was taking root, even in remote regions far removed from the control of central authority.

That citizens could access channels to initiate impeachments and administrative litigation suits signaled the establishment of institutional structures of judicial checks of state power during the Republican period. Shedding light on this important phenomenon contributes to a broader understanding of the development of the administrative legal system of modern China and further complicates our understanding of Republican state-making. Whereas past studies have focused primarily on the expansion and authoritarian nature of state power, this dissertation has shown that the establishment of the right of citizen recourse against the state was also an integral part of Republican state-making. The recognition of this tension is an important step in our formulation of a more complex understanding of the forces that have shaped the development of the modern Chinese state.

MPACT Scores for Danny S. Hsu

A = 0
C = 0
A+C = 0
T = 0
G = 0
W = 0
TD = 0
TA = 0
calculated 2008-08-06 10:14:29

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Students under Danny S. Hsu

ADVISEES:
- None

COMMITTEESHIPS:
- None