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The Legislation And Practice Of Punishing Corruption In Hunan Province (Region) During The Period Of Nanjing National Government

Posted on:2019-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2416330548452087Subject:Legal history
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Looking back at history,the Republic of China period,especially between 1927 and 1937,saw the emergence of a "golden age" of social modernization.Like the yin and yang fish on the tai chi map,black fish and white fish complement each other and accompany each other.It is also a time of rampant corruption and corruption.At the time of the establishment of the Republic of China,the leaders of the emerging regimes,both during the period of the hubei military government and the Provisional Government of the Republic of China period,had the ambition to create a clean-up system,and the Disturb the water and catch a fish and graft Down by Law were severely punished during the alternation between the old and the new,to create a perfect image of the new regime.In addition to the exceptional Provisional Government of the Republic of China,the Beiyang Government and the demise of the nationalist government in nanjing are deeply rooted in political corruption and corruption in the bureaucracy.Whether it is the government of the north ocean,the kuomintang regime or other regimes,the experience left to us in the area of punishment for the crime of corruption is very useful.Hunan lake has a long history and profound culture.it is an important vein in chinese culture with its unique regional characteristics.Especially since modern times,a series of three-xiang yingjie,with its literary strategy,Al? ibn Ab? ??lib and brilliant history,has made the hunan culture more colorful and far-reaching.As the first autonomous province of the constitution,hunan province's unique historical background and political factors make the judicial practice in this area very meaningful.Based on the judicial archives of the procuratorial organs of hunan province during the nanjing National Government of the Republic of China period,this article introduces the features of the nanjing National Government of the Republic of China era,anti-corruption legislation and the special criminal law promulgated by hunan province,this paper analyzes the typical local case in hunan,analyzes the gap between the legislative norms and judicial practice,explains the interweaving of old and new ideas in the background of the times and the conflict and compromise between legislation and judicature.Based on the judicial archives of Xiang xiang,Hunan province,the author counts the number of cases of corruption crimes in the Xiangxiang judicial archives during this period,and makes a statistical analysis of the results of the case,seeking to find the reasons for the gap between the ideal and the reality.Theconflict between old and new ideas was one of the reasons for the upsurge in corruption cases in the National Government of the Republic of China period in Nanjing.During the period of republic of china,the society rapidly entered the process of modernization under the double impact of internal and external forces,and significant changes took place in values and evaluation standards,and some acts which were acceptable in accordance with traditional norms were the objects of criminal law,this change in social standards and norms creates new opportunities and avenues for corruption.War and social unrest have also contributed to the surge in corruption cases during the National Government of the Republic of China period in nanjing.The state of war at the time had a strong sense of unease about the whole society,and the "doomsday" mood played havoc with the evil of human nature,and even when the government threatened it with a code of gravity,the effect was as good as ever.However,the fire wreaked many disadvantageous effects on the investigation and punishment of illegal acts,but also created a good soil for corruption.However,the gap between the legislative regulation and judicial practice is caused by such factors as: the fast pace of legal change,the difficulty of maintaining rights due to the failure to receive information in a timely manner;social unrest and constant fighting;and difficulties in the collection and preservation of evidence;The frequent application of the special criminal law;rampant corruption and the protection of officials.The government has been steadfast in its fight against corruption,but corruption has been rampant.The dangers of corruption in the process of social development need not be overestimated,and how to minimize the occurrence of corruption is a top priority.This article discusses the significance of the legislation on the punishment of corruption in the National Government of the Republic of China period of nanjing from the social environment and social psychological support,and the lessons from the great gap between legislation and practice at that time,it is imperative that the existing criminal law more vigorously protects the public interest of the society.
Keywords/Search Tags:nanjing National Government of the Republic of China period, hunan province(district), legislation and practice of corruption crime
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