The Research Of Judicial System Of Republic Of China

Starting with the characteristics of the traditional judicatory, this paper analyzes the modern transformation of traditional social structure in the late QIng Dynasty, as well as the influences of the invasion and infiltration of the Western powers. Under such circumastances, reform of traditional judicial system in China is becoming a historical necessity. The influence of the legal system, especially the introduction of judicial system, the process of migration and localization is studied, based on the empirical analysis of mode selection of the Republic and the establishment, practice and reversals of judicial system in different periods. Through in-depth analysis of the establishment of judicial institution of the Republic, the principle of trial, the composition of judges, the reform of the trial, and the new audit relationships, and the creation of the lawyer system, it deepens the nature of jurisdiction, the running laws of the jurisdiction. Proper evaluation of the judicial system of the Republic and the development of trial activities can contribute to the modernization of China's legal system. In the conclusion, the reason and significance of choosing the topic, past major research findings, perspective and methods of research, main points of the research and its due contribution are reviewed.Chapter one Social-historical background and mode selection of judicial system of the Republic focuses on the characteristics of the traditional judicatory and its imperfection, reform of traditional judicial system in the late QIng, and the influences of the reform on judicial system, which mainly dwells on the historical background and its sources of the development of judicial system in the period of the Republic of ChinaChapter two The Modernization of judicial organ of the republic mainly analyzes the standardization of judicial organ of the Republic of China, specialization of administrative adjudication, independence of civil trial, and the design of the system in criminal proceedings and judicial practice in the period of the Republic of China.Chapter three Judge System and the Development of the Principle of the Court Trial of the Republic introduces major changes in the judge system and professionalization of judges, evolution of court trial principles and reform of the trial.Chapter four The Impact of the Development of Prosecution and the Defense System on the Judicial System explores the influence of establishment of new Censorship relationship, as well as of lawyer system and its professionalism, and the new relations between prosecution and the defense on the judicial systemChapter five Characteristics of the Modern Transformation of the Judicial System of the Republic and its Contemporary Value analyzes characteristics of The Modern Transformation of the judicial system of the Republic and the modern value of the development in modern justice system On the one hand, it probes into the traits and drawback of the trial system of the Republic from the traditional trial system to modern Western trial system in the development of transformation, and elaborates the impact of the social background on the transplanting of Western laws and learning. On the other hand, it states the development status of the judicial system in modern China, the inspiration and reference of the judicial system in the Republic of China for the development of china's trial system, and the tendency and approach of trial system in modern China. This paper is mainly about the establishment of trial system with Chinese characteristics, which actually is also the reform of the judicial system. As to the enlightenment of judicial system reform in the Republic of China on the current judicial system reform, the author took the opportunity to propose some ideas about the development trend and the path of Modern Chinese justice system in such a harmonious society.