The Judiciary In Chinese Context And Experience

In 1928, The Nanjing national government was established in Nanjing, and formal unification of China unification in the same year. By the Wilsl of Sun Yat-sen, Nanjing National Government announced that end "military administration" and enter "political tutelage". In the " Run the country by political parties " theory under the guidance of the KMT began to tighten control over the judiciary.And launched a "Justicial Party" campaign in 1933, saying that "Justicial Party" and not refer to "judicial members," but rather refers to "justice guide by the party's philosophy".The judicial process as a program central principle, consciously applied in judicial practice. Since then, the Justice Party, the process of constant alienation, until the authoritarian rule of Chiang Kai-shek became the judicial tools. In view of this, the author of Nanjing National Government during the administration of justice the party into an object to be studied. Hope get the idea of relations that the party's philosophy and justice.In view of this, the author of Nanjing National Government during the administration of justice the party into an object to be studied. Hope that through the administration of justicial party discussion, clarify the political parties'and countries, political parties and the legal, legislative and judicial relations. Full-text is divided into the following sections:Introduction section describes the Nanjing National Government during the social background. Pointed out that although the national government in Nanjing in a Bingge endlessly restless hearts of the hard times. The face of a changing from traditional to modern, from dictatorship to democracy, and in all aspects of defending and building the new China should be a transitional period in history. But the joint efforts of people across the country, has made brilliant achievements be called, was the U.S. ambassador to China, Wedemeyer called the "golden decade."The first part of the Sun Yat-sen first introduced the "Yidangzhiguo" thought the formation of that "Yidangzhiguo" is not on a "member," and the country, but in "the party justice," the country, namely, management of China's Three People's Principles. Then, the analysis of Hu Han-min Sun Yat-sen "Yidangzhiguo" development of ideas, in the period of political tutelage, the KMT as a "nanny government training" instead of the people, "one-party rule." In conclusion, summed up the Chiang Kai-shek on the "Yidangzhiguo" thought changes and betrayal. The "Yidangzhiguo" alienation as "one person running the country."The second part of the party's theory of justice meaning, necessity and general measures are discussed. Pointed out that the subjective aspects of the judicial party is the party of the judicial cadre personnel, and actual implementation of the People's Jury System. Justice party is the objective aspect of the applicable law judges should pay attention to the use of the party's justice. Meanwhile, by citing Kelsen and Frank's view that the judiciary of the importance and necessity of the party. Finally, pointed out that the administration of justice party should focus on research and innovation in the party's sense of judges exams.The third part of the judicial party of three set up to describe a typical system. The Special Criminal Court cases against the counterrevolutionary cases and the gentry set up special jurisdictions, the trial object-specific, trial procedures are simple, the penalty is particularly serious. The long-term subordinate to the Executive Yuan, Ministry of Justice, resulting in administrative interference in the judiciary, some of the shortcomings of the administration of justice. Although the prison reform movement has achieved some success, but the overall effect is not obvious.The fourth part of the party of justice elaborated contemporary inspiration. First of all, the focus on the administration of justice, we must pay attention in the judicial process to the community-based. Secondly, strengthening the rule of law should focus on party building and the rule of law and the law governing both increased. Finally, to improve the level of democracy and strengthen inner-party democracy, grassroots democracy and deliberative democracy-building in three areas.