Between The Ups And Downs: The Early Liberation Of Jiangxi Old Judicial Personnel Transformation Research (1949-1952)

In the late April in 1949, Jiangxi was liberated successively. It means the start of judicial reform can be done. For sure, the old judiciaries are the targets to be reformed. As a whole group, the old judiciaries are characterized as specialization, faction and politicization. Those features cause their being reformed, while bring difficulties to the new regime as well. During the period of a change of dynasty,the old judiciaries have to make their own choices based on their different situations and the current background. They can either run away secretly, stay in the court to be liberated, or just return to their hometown to keep on watching and seeing. As long as the stay in the mainland, they must be reformed by the new regime.The south cadres play the roles of both over-takers and reformers.They have high political quality, but really low cultural quality, which bring out disadvantages obviously during their over-taking period. Such as the south cadres don’t pay enough attention to the judicial ’s taking over. It leads to plenty of old judiciaries’ exclusion to the system. Because of this, the south cadres can only transform the old judiciaries in the ideological and political level. As for the definite ways, we have to mention the reformers’ Analytic Method of Class. They manage to finish the preliminary reform by doing thoughts checking and mind testing over and over again. Thus they can deal with different people in different ways.The disadvantages of south cadres are just the advantages of the old judiciaries. With the help of their profession in justice, the old judiciaries are able to influence kinds of other judiciaries, including the south cadres. As a result, the old judiciaries in turn become the leaders of judicial organs, while other new regime’s leaders play the roles of learners. Actually it is a dislocation. After liberation,the judicial working environment has changed dramatically. Like the jud icial basis, working ways and trial principles are all quite different from days before liberation. So the old judiciaries are confused about whether to go on or retreat, accordingly the expose lots of outmoded ways and opinions when they deal with issues. Actually, the new regime has noticed all the problems, while they choose to be blind because they know it is not the right time to point them out. At this time, all the judicial organs in Jiangxi Province have done a deep reform on the old judiciaries wit h the help of land-movement and three-antis campaign.They have a filtration about the old judiciaries’ historical problems and their current corruption and degeneration problems. They suppress and expel those unqualified officers. O utside the system, the new regime control those old judiciaries who are in the grass-root level, and force them to be supervised by the public.In September, 1952, the judicial reform happens in Jiangxi Province, and the old judiciaries meet their really thorough reforma tion. The new regime, on one hand, keeps on finding the old judiciaries’ historical problems, on the other hand, it doesn’t tolerate their old ways and opinions any more. During the judicial reform, the old judiciaries not only have to accept the ideological criticism from the court, but also they have to face all the impeach and denouncement from the public, which have never happened before.After the judicial reform, most of the old judiciaries are cleared out except 16. Though the new regime has made big achievements, it still has to solve many problems. Like it causes many unjust cases, which has a negative influence on the healthy development of legality in the future. And it is worthwhile to have a careful thinking.