County magistrate (China) in the context of "Traditional Chinese law"

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⭐ Core Definition: County magistrate (China)

The county magistrate or local magistrate, known by several Chinese names, was the official in charge of the xian ("county"), the lowest level of central government in Imperial and early Republican China. The magistrate was the official who had face-to-face relations with the people and administered all aspects of government on behalf of the emperor.

The emperor appointed magistrates from among those who passed the imperial examinations or had purchased equivalent degrees. Education in the Confucian Classics included no practical training, but indoctrinated the officials with a shared ideology which helped to unify the empire. A magistrate acquired specialized skills only after assuming office. Once in office, the magistrate was caught between the demands of his superiors and the needs and the resistance of his often-unruly constituents. Promotion depended on the magistrate's ability to maintain peace and lawful order as he supervised tax collection, roads, water control, and the census; handled legal functions as both prosecutor and judge; arranged relief for the poor or the afflicted; carried out rituals; encouraged education and schools; and performed any further task that the emperor chose to assign.

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👉 County magistrate (China) in the context of Traditional Chinese law

Traditional Chinese law refers to the legal system including laws, regulations, and rules used in Sinosphere. It has undergone continuous development since at least the 11th century BCE. This legal tradition is distinct from the common law and civil law traditions of the West – as well as Islamic law and classical Hindu law – and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance.

One feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge, usually the district magistrate, conducts the public investigation of a crime. This is comparable to the system used in civil law jurisdictions, but contrary to common law which uses an adversarial system where the judge decides between attorneys representing the prosecution and defense. "The Chinese traditionally despised the role of advocate and saw such people as parasites who attempted to profit from the difficulties of others. The magistrate saw himself as someone seeking the truth, not a partisan for either side."

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County magistrate (China) in the context of Township (PRC)

Townships (), formally township-level divisions (乡级行政区), are the basic level (fourth-level administrative units) of political divisions in the People's Republic of China. They are similar to municipalities and communes in other countries and in turn may contain village committees and villages. In 1995 there were 29,648 townships and 17,570 towns (a total of 47,218 township-level divisions) in China which included the territories held by the Republic of China and claimed by the PRC.

Much like other levels of government in mainland China, the township's governance is divided between the Communist Party Township Secretary, and the "county magistrate" (Chinese: 乡长; pinyin: xiāngzhǎng). The township party secretary, along with the township's party committee, determines policy. The magistrate is in charge of administering the daily affairs of government and executing policies as determined by the party committee. A township official is the lowest-level ranked official in the civil service hierarchy; in practice, however, the township party secretary and magistrate can amass high levels of personal power.

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