A Study On The Trial Of The Warring States In Jiangxi During The Anti - Japanese War

The circuit trial in theater was known by Chinese people because the film "one nine four two" released in 2012. The ordinary courts adopt the operation mode of "the parties to the judge", but the theater circuit trials adopt "the judge to the parties" mode of the existence. The reasons are that one is which the courts in theater were unable to perform his duties, the judicial organization system faulted when large tracts of land in china was occupied during the period of the Anti Japanese War,and at the same time,the puppet judicial organization came from in order to misappropriation the judicial power in theater;two is which a war zone traffic was off, especially the people in theater were unable to lift the second instance procedure, the new model of justice must be released to relief;three is which the National Government demanded to genius judicial, military and political, and to unite the people in the general target of resisting Japan and saving the nation. The circuit trial in theatre respectively implemented in nine province in 1939 and ended in 1945, the nine province were Zhejiang, Guangdong, Hubei, Jiangsu, Henan, Anhui, Jiangxi, Shanxi and Shandong(1942), the implementation effect "is effective". So the circuit trial in theater should have certain historical position both in the judicial system of Nanjing National Government and in the history of Anti Japanese War.But unfortunately, the scholarly study for circuit trial in theater is extremely weak in current, the research achievements are few, so this study has function to make up for gaps and innovation significance. Choosing Jiangxi circuit trial in theater as the object of study, mainly based on two reasons: one is that parts of the occupied provinces occupy the mainstream in the implementation of the circuit trial in theater in nine provinces, Jiangxi province was one of them, so the study of Jiangxi circuit trial in theater has the typical significance; two is that the archives data is very rich on Jiangxi circuit trial in theater in the archives of Jiangxi Province, it lays the foundation for the writing of this paper.In addition to the preface, this paper is divided into five chapters: The judicial organization system in theater was rupture and reconstruction in first chapter. This chapter mainly elaborates which the judicial system of national government failed and had to take adjustment measures in theater, as well as the Puppet Regime in theater built its judicial organization. Because the adjustment measures did not really solve the judicial dilemma, the circuit trial had to be established, it had become the core of the reconstruction of judicial system in theater. At the same time, from circuit district divided, the circuit trial magistrate selected and appointed, and the magistrate administrative power performed, this chapter focuses on the component of Jiangxi circuit trial organization in theater. The circuit trial system in theater is elaborated in the second chapter. This chapter mainly expounds the formulation, content and transformation of procedure of the circuit trial system,and the presentation of this adaptation in specific judicial practice is surveyed, this adaptation is a concentrated expression of the pursuit of judicial efficiency of the circuit trial in theatre. The third and fourth chapters show that the circuit trial magistrate in theater was how to free evaluation of evidence in fact instance and to maintain the legitimate rights and interests of the parties to the litigation, mainly through the typical civil, criminal and cover case. Involving that the war destructed marriage and family, business and contract, as well as that heir inherited, concubines and children’s inheritance in process of trial in civil cases, the circuit trial magistrate judged the facts of the case and evidence of force which were influenced by war factors by applied the principle of free evaluation and its rule of experience infinite; relates to the case which have traditional law culture, the magistrate succeeded to interpret the case which were reasonable and illegal with the spirit of modern law, protect the legitimate rights and interests of the litigants, maintain the economic order in theater. In criminal cases, in the face of the crime which induced by war, the burglary that was prevalence in theater and the murder which was due to an affair, the magistrate judged the facts of the case from the inner experience and logical rules of free evaluation to the external legal evidence and direct words principle of debate in accordance with the principle of legality and by using the principle of evidence judgment. The parties in case who corrupted or was recidivism due to steal constantly were severely punished; the party was sentenced to death as the motive for the murder and manslaughter means bad with a fault,but the aggrieved party in marriage was given the lesser punishment in order to protect marriage. The parties in case who corrupted or was recidivism due to steal constantly were severely punished; the party was sentenced to death as the motive for the murder and manslaughter means bad with a fault,but the aggrieved party in marriage was given the lesser punishment in order to protect marriage. The judgment of the circuit trial in theater reflected the value orientation both to punish the corrupt officials and curb the serious crime, and to protect the marriage and safeguard the legitimate rights and interests of rights in marriage, it had certain guiding significance to maintain the order in marriage and family and social in theater. To the case which was covered by the magistrate fully show the judge which the magistrate had given to maintain social justice from the trumped up cases which were against the national law benefit, the impairing family case which violated the social law benefit, and the encroachment case which infringed personal law benefit. The analysis of Jiangxi circuit trial in theater exists in the fifth chapter,the chapter carries on the overall process of the circuit trial in Jiangxi theater in elaborate and evaluate way from the legal justice, moral justice and social function. The convictions were divided into correcting unreasonable judgment and maintaining reasonable judgment which were in trial of the first instance. As the second instance procedure, circuit trial in theater had not only supervised and reheard the legal facts and its application, but also superintended and re-tried the process of the principle of free intention which the magistrate applied in the first instance. Circuit trial in theater had not only safeguarded the legitimate rights and interests of the parties, but also maintained social rights and national rights.The justice of law embodied in the process. Moral justice which the magistrate and his staff were loyal and stick to the circle trial in theatre is the noble character of the juridical personality in theatre. Social function is based on contribution which circuit trial had succeeded to perform various political missions that was given to it by wartime.Social effect that circuit trial in theater had achieved "is effective", so the success to the circuit trial brings some enlightenments to judicial reform in China today.First of all, from a procedural flexibility perspective, the inevitable requirement which Chinese legal system is suit to contemporary society is to study and learn from the successful experience of advanced countries, and then to reform and improve the judicial system. Secondly, from the trial process, the principle of free intention become the effective tool to give legal and reasonable decision while the circuit trial magistrate faced complex facts of the case and entered a judgment, so judges succeed to comply with the basic requirements of the development of the modernization of Chinese judicial by mastering and applying modern principle of free proof. Thirdly, the magistrate who were selected openly with high standards shows that the occupation quality of judge is important to maintain judicial justice, so that the judge’s occupation and the related and external conditions, such as occupation tenure and generous treatment are implemented, is not only to promote the independence of judge, but also the direction for modern judge system in China to develop. Fourthly, the districts of the circuit trail in theater which was set break the tradition of the consistence between the jurisdiction of the court and the administrative division, it provides enlightenment to the reform which the authority of the management of court change from local government to court itself in China. And today, the Supreme Court has established 6 branches in the country, and the exploration and practice of which the intellectual property courts has been built in Beijing, Shanghai and Guangzhou is the important reform in the court’s jurisdiction. A modern comprehensive judicial reform in China has been deployed in the Third and Fourth Plenary Session of the eighteen Committee of the Communist Party of China, the modernization of judiciary with Chinese characteristics will appear in front of the Chinese people in the near future.