The End Of The Qing Trial, An Independent Study

It is one of the pursuits of the judiciary system reform in modern China to realize an independent judicatory system completely. From the perspective of political power restructure, judicial independence means an overall actualization of judicial organs, carrier of judicial powers, and judge in a modern sense, in all levels of governments. It was the core content of systematic judicial organ organization to realize the election of professional judges through examination in the various judiciary programming brought up by Chinese government during late Qing Dynasty and early Republic of China(ROC).Late Qing Dynasty and early Republic of China are two different periods for the development of judicial independence in China. The incomplete system of Procuratorate and Judgement Offices established in late Qing Dynasty was inherited by the government in early ROC, who clarified the professional jurisprudence background for judges in addition to the election system of them through examination hi practice in late Qing Dynasty . Through installment of deliberative and prosecutive offices and the examination of practices of judge selection system, this thesis describes clearly the process of the formation of modern judicial organizations in China. Meanwhile, it can be noticed that the actualization of judicial independence was confronted with insurmountable obstacles in reality in modern China. This was most obvious in the construction of junior judicial organizations. The over-establishment of junior Procuratorate and Judgement offices had far exceeded what the national finance could afford. Similarly, the huge amount of professional judges aggravated the burden, which also put the method of election in a dilemma: a high standard was sure to lead to a lack in judges; however, a low standard would deviate from the ideal system of judicial independence. In response to real obstructions, the early ROC government endowed judicial independence with two indications: one was to maintain the existence of the partially built judicial. system, and try to expand gradually; the other was to evade conflicts, and apply judicial independence in form, i.e., to center on independent law case trial by knowledgeable personnel of laws, to continue with patterns of Procuratorate and Judgement Offices, County Magistrate's pluralism of the head of a country on judicatory and public offices of judicature, etc. on the basis of junior judicial organizations, which could act as a provisional transition before the actualization of perfect independent judicatory system..The thesis consists of the following chapters:Chapter I. Judicial Independence in Political Power Restructure. From centralized authority to separation of powers between legislative, executive and judicial authorities, the reconstruction of modern China's power system can be regarded as the transform on administrative system at all levels of social regimes. As an imitation of German and Japanese regime, the understanding of modern China on judicial independence was mainly reflected in establishing independent judicial organs and electing judges by examination who could conduct independent trial. This understanding was also based on denial of traditional judicial system. In addition , establishment of modern judicial organizations is a succession of the former " Sympathizing the Panalty " with the core pursuit of judicial method reform. However, this is a very complicated process. It is a question beyond answer in terms of system that to what extent China at late Qing Dynasty and early ROC period could accept and afford such kind of reform. The following parts of this chapter give an analysis on this, taking example of repetitions of criminal system and inquisition by torture.Chapter II. "Installation of Procuratorate and Judgement Offices at all levels in Late Qing Dynasty and the Judge Election" It was thoroughly complete to set up perfect judicial organizations in the "Preparation for Constitutionalism "plans in late Qing Dynasty. Establishment of Procuratorate and Ju...