Research On Judicial Reform In Modern Guangdong

On the average, Chinese law in the end of Qing dynasty and the Republic was corned under the continent legal system(or civil legal system). Then, hadn't the law and justice been completely westernized? There were many studies in view of the law literally of which tended generally to confirm. But the law can't carry into effected by itself without the courts and the judge. The paper takes it as the leading thread that the formulation and the implementation of the plan in popularizing national courts since the end of Qing dynasty, and it mainly takes Guangdong as a case to study the judicial organization transformation in modern China, in order to explore judicial vicissitude in modern China and judicial reform effect from a side aspect. Establishing a perfect court system was always an important policy in advancing judicial reform during the period from the end of Qing dynasty to the Republic of China, and it successively designed more than 10 plans in popularizing national courts. However, it ended in failure. Therefore, judicial organizations during the Republic of China period were not equal to modern courts, largely which were traditional Yamen(衙门) and transitional organizations situating between two.Judicial organization in modern China was plural patterns which were distinct regionally, and it changed dynamic with various provincial rhythm. Take Guangdong for example, its judicial reform especially court popularization had three stages. Firstly, during the period from the end of Qing dynasty till 1916, the judicial system in Guangdong was consistent with that of the nation, and the new style courts were just only established in provincial capital and important commercial ports. Secondly, during the period of the South government, Guangzhou government founded the judicial system confronting with the Beijing government. Then, the exploration on judicial reform during Great Revolution period had multi-ply significance. During this period, Guangdong completed in popularizing additional district courts and Procuratorates and particular district court and procuratorate offices in counties. Thirdly, during the period of the Nanjing government, Guangdong took the lead in the nation to popularize courts all over the province. Correspondingly, during the period of the Republic of China, the judicature personnel in Guangdong were also very huge, a quite great share of the nation. Besides, the judicial personnel's education record and qualification also basically attained a designated standard. With respect to the number of civil cases and criminal cases, Guangdong always ranked in front of the nation, and the long-pending cases were often the most too, so it had to concentrate the strength clearing up them every other spell. This went round and round in vicious circle.What Guangdong could take the lead in finishing court popularization, benefited. from its higher development level in economy and society; benefited from its special political status, which can hold local finance including judicial income; also benefited from aidant ideology, such as the consciousness of building "exemplary province" and the judge on the provincial situation of "Guangdong people are quarrelsome". But its special political status had also restricted the quality of the judicial reform. For example, in respect of the establishment and apparatus in courts, the standard Guangdong made itself beyond the legal standard is relatively low. Moreover, the standard was carried out simply and thriftily. Under independent and semi-independent political situation, Guangdong couldn't fully share nationwide resources either. The abnormal relation with the central government kept Guangdong experience from spreading out too, even its data was absent in nationwide statistics, and the reform was seldom publicized. Meanwhile, especially owing to personnel exchange system difficult to implement, the relationship among judicial officer, secretary officer and lawyer was a kith and kin or a teacher and friend. As a result, management was difficult to be strict for fear of hurting the relationship, then conducts not according to the legal procedures were very general; the system of judge accession avoiding his native place can't be implemented, and numerous judicial personnel hold a post at his local court; the phenomena of judge working as a lawyer in the same place after retirement was also very prevalent. All of these led to what fraud which relatives and old acquaintances asked and entrusted prevailed, and the judicial atmosphere was degenerated seriously.