Independence Of The Judiciary In The Republic Of Alienation

Judicial and political relations since ancient times is an intriguing topic.Judicial both arepart of the political role of political power plays specification.Justice and politics in modernChina’s most of the time, both showed the tangled state, sometimes overlapping, substitutesfor one another, politicized justice can be said is one of the biggest problems of the justice ofModern China.The implementation of the Judicial Party, special times and socialbackground.On the road to learn the Western system of political parties and political practice,led by Dr. Sun Yat-sen, the KMT after several setbacks, the Bolshevik theory was finallyaccepted in1924,reorganizing the Kuomintang, establish a whole new set of political partiesand organization system, by building a developed system of organization andstrict discipline,to integrate and monopoly of all social resources, and a variety of social forces, began withParty country, failure for the course.In this context, the team added to the party as the rights ofthe country’s political part of the judicial in nature is self-evident.Judicial Party driven by XuQian and Ju zheng, from theory to practice, continuous development, and set off a "judicialparty" movement in the field of justice.Since then, with the CC Department of penetration tothe field of justice, the Judicial Party further alienation until reduced to Chiang Kai-shek’sdictatorship tools.The time frame of this study object for1923-1937, trying to do a systematiccombing and explore the Kuomintang regime Judicial Party.Text through research in thefollowing four parts:The first part, introduced the "judicial party" formation of the historical background,examine the historical causes of the Judicial Party. First to introduce the the late Qing JudicialIndependence incoming, as well as the intellectual, the ruling class’s understanding andviews.Then the the Beiyang Government for the practice of the independence of the judiciarysystem and its setback in practice. Last leads the Beiyang Government people for democracy,constitutional practice situation deeply disappointed, resulting in the1923constitutional ruleof law into a low tide trend. Revolutionary Party rule began to rise.The second part, the theory of the formation of comb "judicial-party" system. First, theintroduction of judicial thinking in the Sun Yat-sen "failure" ideological theory of theformation of their party governance. This is the theory origin of the "party of justice". Afterthe death of Sun Yat-sen, Xu Qian,"The Party of Justice" advocates clearly its ideological composition by the the Judicial Party, revolutionizing and judicial people of. But thearbitrariness and arbitrariness of the revolution then justice is extremely chaotic state, QianXu soon exit the stage of history. After the establishment of the Nanjing National Government,the judicial after Wang Chonghui transition, into the Ju Zheng period. Ju Zheng is theKuomintang regime Judicial Party of a key figure in the history of. He published in1935,"Judicial Party" Judicial Party of the Republic of China systematically discussed the mostinfluential article, he discusses the subjective and objective system the Judicial Party’stheoretical connotation.The third part, the main analysis of the the Judicial Party "in the operation andperformance of the judicial practice. First, discusses the Judicial Party is reflected in theoverall control of the Kuomintang regime on jurisdiction and analysis KMT ways and meansof judicial control. Second, particularly the judicial system of the party is an important aspectof the judicial party through the establishment of a special judicial system, KMT to eradicatedissidents, repression of opposition forces. Finally, the judicial officers of the party is "judicialparty" of the most prominent manifestation Kuomintang regime on the one hand strict judicialofficers access off party justice education, on the one hand, the existing judicial officers.The fourth part of the judicial party turned into an objective evaluation of history. First,evaluate the status of implementation of the Judicial Party. Although, with some success, butoverall it seems the poor implementation effect of the Judicial Party, has not reached theexpected vision of the judicial authorities, and the gradual development towards the directionof the spies of Justice.Second, both positive and negative aspects of the evaluation JudicialParty. Played a certain positive impact on the positive side for the establishment of themodern judicial system and of the abolition of consular jurisdiction.Negative impactdestroyed the reasonable framework of state power, corruption in the judiciary, and the theJudicial Party for the destruction of the rule of law.