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The Judiciary System In Sichuan Under The Kuomintang Rule And Its Transformation In Modern Times

Posted on:2008-02-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y WuFull Text:PDF
GTID:1116360242958616Subject:China's modern history
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China has a time-honored genealogy of law since a long time ago. Althoughthere had been very perfect statute laws by the end of the Qing Dynasty, the actualexecution of law deviated from the statute laws to a very large extent. As theadministration and the judicature were unified and consolidated, theover-centralization of power caused a boom of corruptions. The Late QingGovernment, the Nanjing Interim Government and the Beiyang MilitaryGovernment implemented a lot of reforms of their respective judiciary systems inthe aspects of organization and restructure. The modification of the judiciary systemin the period between the late Qing government and the Nanjing InterimGovernment were somewhat radical:. Although the Beiyang Military Governmentimplemented certain practical modifications, the execution of law was not soeffective. The judiciary system of the Nanjing Kuomintang Government was basedon the abovementioned background. Sichuan Province began its partialindependence, characterized by a Military administration, from the CentralGovernment in 1918. But as its links and connections with the Central Governmentpersisted, its judiciary system partially resembled those of the Late QingGovernment and the Beiyang Military Government.The judiciary system of the Nanjing Kuomintang Government originated fromthe theory of nation, democracy and livelihood and the theory of the five rights.These two theories specified the nature, form of organization and functionality of thejudiciary system of the grassroots level. They were influential upon the judiciaryactivities at the grassroots level. But it is an indisputable fact that the two theorieshad adverse effect upon the judiciary system by disregarding and even contradicting the fundamental deficiencies of functionality. Besides, the sense of Party Ruledeeply rooted in the heads of top-ranking Kuomintang officials also contributed tothe dual effect on the judiciary system at the grassroots level.Sichuan Province were then under the military administration of the localwarlords. Though the ruling warlords advocated an independent judiciary system onthe surface, all judicial powers were vested in the hands of the warlords. In 1935, thetroops of the Central Government took over Sichuan and ended the militaryadministration. All political systems, including the judiciary system, werecentralized under the rule of the Central Government. Rectifications of the judiciarysystem at the grassroots level were carried out, disbursements of outlays and thestaff were re-structured and the judiciary procedures and activities were strictlydefined and re-organized. After the outbreak of the Anti-Japanese War, the politicaland economic activities in Sichuan were consolidated into the hands of the CentralGovernment and the judiciary system at the grassroots level began transformationsinto a so-called modern one. There were certainly improvements in the aspects ofstaff, appropriations and executive performance. The end of the Anti-Japanese Warwas followed by the increasingly autocratic rule of the Kuomintang Party. On theone hand, the supreme judiciary system tightened its control on the judiciary systemat the grassroots level. On the other hand, the judiciary system at the grassroots leveltook flexible and effective counteractions. The question lay not in whether thereshould be an independent judiciary system but how to establish such a system, orrather, how to coordinate the various controversies to enable a smoothtransformation of the judiciary system.The public, influenced by the traditional way of thinking, had practical no orlittle sense of civil rights. Therefore, the author approaches the subject via a study oftheir sense of civil rights and execution. The thesis commands an overview of thewhole procedure of legal proceedings in different local courts in Sichuan to observethe gradual formation and transformation of the common people's sense of civilrights in judicial proceedings by a study of the indictment and the verdict. Though the judiciary system and the public's sense of civil rights were heading in the samedirection, they developed at different paces. The sense of civil rights, muchinfluenced by and based on traditions, was not brand-new in all its aspects. Theoutward transformation of the sense of civil rights was perpetually reflected in thespecific cases of proceedings and reacted on them.Although there were certainly transformations in the judiciary system at thegrassroots level under the Kuomintang Rule, they were not so effective as thereformers had expected. The transformation agreed with neither the judiciary systemof modern democracies nor the initial conceptions of the so-called political elites.There was not even a single independent judiciary system at the county level untilthe late 1940s. Not a single reform plan was faithfully implemented in nearly fortyyears. We can attribute the failure to the talents, appropriations, wars and thepublic's sense of law. This thesis analyzes the obstacles to judiciary reforms at thegrassroots level in the aspects of the economy and talents resources of Sichuan at theTransformation Period. The thesis may assist us to get a deeper and more faithfulinsight into the merits of the judicial transformation.
Keywords/Search Tags:Judiciary system at the county level, judiciary system, transformation, rights and obligations
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