Change The Legal Order In Society

On entering the modern age, Chinese traditional law, along with the changing of the political, social and economic environment outside the country and inside the country, become more and more rigid, and beg;in its transform under the western impact of civilization. The modern transform of Chinese tradition law is a complicated and perplexing process. The transform of Chinese tradition law is the component of the transform of the whole Chinese traditional society. The social orders on which the Chinese traditional law based have already been changed, while the new legal system and social order were under construction. The new legal system in the new society order formed the new legal order. Judiciary is iJie unique connection between law and society. Judicatory, apart from the value of the justice and equity, safety and freedom, its ultimate target consist in establishing a kind of order from the view of law. Beyond all doubt, the Judicatory independence is the most bright point of the judicial systems, is the core principle of the civilization of the western country, and is the rime of the three hundred years' political revolution in western country. All kinds of clash and maladjustment reflected the typical clash and maladjustment in the transform of legal system.This dissertation begins from the characteristic of the Judicatory and the crisis of it in the modern age, then it talks about the construction of the reasonable judiciary system and new type of legal order, and then it investigates into the introduction of the independence of the Judicatory and the reform of the Judicatory. With the problems arising from the reform as the clues, the; dissertation discusses the struggle undertaken during the reform, and discusses the independence of the Judicatory with the background of the western axiology. There are three parts in this dissertation, the first part is introduction, the second part is main part; including 6 chapters of this dissertation; the third part is the conclusion.In the first part, the introduction part, with the social background, the dissertation introduces something about the topic. The topic pays more attention to the interaction between the reformation of the judiciary and the society change. At last this part lays out the aim, the main interest from the thought and the method of this dissertation.Totally is divided into three conenoses in the main text. The first part, the dissertation gives the characteristic of the traditional judiciary in ancient China and impact on it and reform must be taken under the impact. The second part, the dissertation introduces the foundation of the Supreme Court in the late Qing dynasty, and try to give this as a clue to the introduction of the reform in the republic period. The third part, gives the theoretical structure of the independence of the republic period and the relative gist found in the Constitution. All this part try to find the disciplinarian of the reform in the republic period.In the conclusion part, with the environment of the modern China, the dissertation gives the premise of the evaluation on the judiciary independence in republic period, and at last gives the essential conclusion: the reform in the republic period is gradually changed, from reality to the exterior. This is the course from ideality to realism. This is a kind of choice which has local adaptation in mind. From the conclusion mentioned above, this dissertation gives some suggestion on the reform now days in China.