Legal Order In The Changing Society

After the Nanjing national government is established, one of its great reforms in legal system is the promulgation of" the civil law " during 1929 to 1931. As to the struggle in politics, military and so on between the Kuomintang regime and the Communist Party, seen from the social infrastructure change of long-term, the Kuomintang civil law is thought to have more influence To modern China. Then, how the Kuomintang's civil law was practiced at that vicissitude period? In how great degrees did it exert influence to modern China? This has become a meaningful question. So, this thesis bases on the judicial lawsuit file of the east area of Hubei Province during 1929 to 1949, through analyzing the judicial practice of Kuomintang's civil law under this changed era, then studies mutual influence and function between social change and law.Except introduction and conclusion, the whole frame of this thesis is divided into three parts altogether seven chapters.The first part is Chapter one, which studies the general judicial situation of the east area of Hubei Province.At part one, this thesis studies the general judicial situation of the east area of Hubei Province from three aspects.The first aspect concerns the change of judicial area in the east area of Hubei Province.In this thesis the concept of the east area of Hubei Province is not defined in an ordinary geographical meaning, nor is defined from administrative division, it is defined from the division of judicial district. Overall, the greatest of changing factors of the east area of Hubei Province is not the contention of the Kuomintang regime and the Communist Party, but the invasion of Japan. While the proprietary the east area of Hubei Province being occupied mostly, the Kuomintang's regime still exists and operates. During the war, the Kuomintang regime and the puppet regime force of enemy coexist, correspondingly their judicial organization are carried out their duty at the same time.The second aspect concerns the vicissitude of the judicature mechanism.Before the outbreak of Anti-Japanese War, the east area of Hubei Province only has Huanggang district court, Xishui branch court of Huanggang district court and Wuxue branch court of Huanggang district court. Except that Huanggang, Guangji and Xishui have district courts, the judicial institution of other countries in the east area of Hubei Province has experienced two stages. First county government pays attention to administration of justice concurrently and then establishes county judicial office. However, the breaking out of Anti-Japanese War has exerted a great influence to the different social fields of China, among them the county judicial systems suffered a lot, for a periodevery county once resumes its government pays attention to administration of justice concurrently. It was not until Chinese win the anti-Japanese war that the county judicial system of the east area of Hubei Province restore gradually.The third aspect concerns the general situation of judicial lawsuit. This thesis sums up the breaking out quantity variation tendency of civil lawsuit determination as an irregular M curve according to the every year judicial statistic of different areas. During the period of 1929-1949, there are two peaks of the termination of civil litigation. One is around 1936, before war, the other occurred in 1946 and 1947, after the Chinese win the war. There are correspondingly two valleys. One is wartime, especially 1938, around 1939; the other begins in 1948, just in the same year the Nanjing government begun to collapse on politics and military.The second part contains Chapter two, chapter three and chapter four. At this part, the main content is the law in the social change. Under whole changed times, as we have already said, the greatest change factor should belong to the breaking out of war, so this part studies how the factors of war influence the judicial practices of civil lawsuits in the east area of Hubei Province.The chapter two focuses on judicature mechanism of civil lawsuit during wartime. After Anti...