| During Late Qing Dynasty and early Republic of China, criminal law litigation system reform was launched on a large scale. It is an important process for China to find a new road to develop its own criminal law litigation system by combining traditional law and modern foreign law. However, it is difficult to alter the ruling classes' character. As a result, the reform in the period was full of difficulty and tortuous.Besides a forward and the conclusion, the thesis is divided into nine chapters.Chapter One gives a brief account of the historical development-its origin, rise, maturation and ossification-of criminal law litigation system reform in ancient China. The author thinks that traditional Chinese criminal law litigation system has the following features: on the design of function, investigation, accusation and trial were in the same procedure; on the design of system, it safeguarded openly the rulers' privilege in order to maintain the order among social classesï¼›on the model of litigation, impeachable system and inquisitorial system linked in front and behind; on the proof system, it had a change from relying on the god to relying on the judges' thought; it adopted a prudent criminal policy for carrying out the system. Chapter two draws a conclusion that the background and the route of criminal law litigation system reform in the period. When China had to step into the capitalism world market, multiplex economic units came into being. The development of foreign trade and domestic commodityeconomy became the deep cause of the reform. At the same time, it's the biggest turning point in the reform that the Western countries' alternating intimidation and bribery as well as the need of Qing Dynasty's strengthening its rule.Chapter three describes the transformation of ideas. With Western scholarism disseminating gradually in the Orient and through self-examination, some of the advanced Chinese had new ideas that the independence of judiciary, the nationalism of law, the justice of procedure and ensuring human rights, etc. The new ideas turned into a guide in the reform and pushed it forword.Chapter four focuses on the criminal procedure law's making and issuing for enforcement. The reform of criminal law litigation system in modern period required one code. However, late Qing Dynasty and early Republic of China was just in the period of the war and the imbroglio of political situation. At the same time, the traditional culture had a heavy influence. So the course also got into a hobble. Chapter five discusses the introduction and development of criminal law litigation principles. With the open-door policy, Western political and legal thoughts were introduced into China. In the meantime, following new principles were also introduced into China: the principle of open hearing; the principle of treating plaintiff and defendant equally; the principle of presuming of innocence; the principle of interfering of country, etc. But the numerous legal theories and principles could not be digested well in China in a short time. Chapter six analyzes the reform of accusation system when Western procuratorial system introduced. In particular, after reviewed the traditional supervisory system , the author laid special stress on dissecting the difference between the traditional procuratorial system and the new procuratorial system. The author argues that many progresses have occurred in the reform.Along with the reform of criminal law litigation system, the condition of defendant had obvious changes. After reviewing thetraditional "songshi" system, Chapter seven discusses the development of defendant's rights and the importing of lawyer system. Chapter eight focuses on the objects and effects of the reform of judicial system in Chinese modern period. Under the pounding of Western trial system, the traditional trial system, with its theories, principles and practices which had developed over thousands of years, failed in dealing with the changing reality of the Chinese society. I...
|
PDF Full Text Request