| In 1933,the National Government promulgated the Military Service Law,which states in its first article: “The obligation of men in the Republic of China to perform military service shall be in accordance with the provisions of these Measures.” The obligation of men in the Republic of China to perform military service was established by law,and the conscription system was implemented accordingly.It stated that "the obligations of men in the Republic of China to perform military service shall be handled in accordance with the provisions of these Measures",thus determining the military service obligations of the people in the form of laws.However,as the Lugou Bridge Incident opened the curtain of the comprehensive anti-Japanese war,the conscription system that needed to be improved was forced to enter the comprehensive implementation stage in advance under the severe wartime situation.The implementation of the new system has never been easy,especially for China,which has a large population.The emerging conscription system is overwhelmed by the heavy task of conscription,resulting in a sharp increase in the number of military service cases.As a special mark in the war era,military service disputes have become an important issue in the society at that time.The Hekou District Court is a representative local court.Some materials of military service cases in its archives are of great significance to the study of military service cases in the Republic of China.By sorting out and analyzing the military service cases in the files of the local court in Hekou,we can not only analyze the composition of the military service cases and the social problems reflected at that time from the micro perspective,but also analyze the policy attitude of the national government towards the military service system and the interaction between justice and administration in the wartime situation from the trial tendency of the local court in Hekou.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter introduces the historical background of military service cases in the Hekou District Court of the Republic of China.After the Nationalist government established conscription,the conscription system faced severe practical difficulties under the constraints of socioeconomic and organizational systems and other objective conditions,which also provided the basis for the creation of military service cases.In the case of Yanshan and Hengfeng counties under the jurisdiction of the Hekou District Court,the continuous wars during the Republican period caused the population of Yanshan and Hengfeng counties to decline year after year,making the contradiction between the National Government’s demand for conscription and the scarcity of strong men in the two counties more prominent.The second chapter introduces the main types and characteristics of military service cases in the Hekou District Court of the Republic of China and the main legal basis for the judicial handling of military service cases in the Hekou District Court of the Republic of China.The main types of military service cases in the Hekou District Court are forced conscription,sale of strong men to replace military service,resistance to military service by strong men,fraudulent military service cases and abuse of strong men.In comparison with the military service cases in Sichuan during the same period,the characteristics of the military service cases in the Hekou District Court can be drawn: from the content of the military service cases,the number of cases of sale and substitution of military service in the Hekou District Court is outstanding;from the judicial processing procedures of the military service cases,the judicial processing of the military service cases in the Hekou District Court of the Republic of China is more procedural and just.The substantive law of the military service cases in the Hekou District Court of the Republic of China was mainly based on the Regulations on Punishment of Violation of Military Service Law and the Regulations on Punishment of Obstruction of Military Service,and a few cases also involved the issue of competition with the relevant provisions of the Provisional Regulations on Punishment of Corruption.The third chapter introduces the judicial practice of military service cases in the Hekou District Court of the Republic of China,mainly discussing the deviations between judicial practice and legal provisions.As far as the investigation and prosecution stage is concerned,some of the military service cases in the Hekou District Court that did not prosecute those who handled military service performed abnormally;as far as the trial stage is concerned,the verdict of some of the military service cases in the Hekou District Court deviated from the statutory penalties.The forth chapter discusses the reasons that led to the deviations between judicial practice and legal provisions in the Republic of China’s estuary district courts and the reflections arising from the estuary district courts’ military service cases and trials.The deviations between the judicial practice and the legal provisions of the Hekou District Court were due to the nature of military service cases on the one hand,and the dilemma faced by the Hekou District Court in the judicial handling of military service cases on the other hand: the necessity of securing military service in wartime,the tendency to protect those who performed military service in order to maintain military service order,and the difficulty in applying military service regulations.The military service cases reflect not only the resistance of the soldiers to conscription and the corruption of those who perform military service,but also the judicial practice of the Hekou District Court in military service cases,which is both administrative and judicially independent. |
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