Modern South Xinjiang Justice System

Modern judicial system in South Xinjiang has taken earthshaking changes in the past 100 years and achieved a great changes in the history of the modern South Xinjiang judicial system, which has Epoch-making significance. But these changes of Modern judicial system in South Xinjiang are not taken overnight, instead, move hard. During that time, there was complete damage on the traditional justice system in Qing Dynasty in South Xinjiang by Yaqub puppet regime and there were also debate and exploration on how to rebuild the modern South Xinjiang judicial system after the recovery of South Xinjiang sovereignty by the Qing Dynasty. Further more, the ciffa eastward expansion and bourgeois legal ideas had tremendous impact on traditional Chinese legal system.In addition, the Revolution of 1911 overthrew the Qing dynasty. In the aspect of judicial system, the new judicial system with capitalist nature was performed. These factors have an important impact on the modern judicial system in South Xinjiang. Meanwhile, South Xinjiang is located in the border, and has many minorities with different tradition. The implementation of judicial system in South Xinjiang is hard because of the Islamic and other traditional religious'impact. In this paper, by the research on Modern judicial system in South Xinjiang, we reveal its age characteristics and highlight its regional and ethnic characteristics, affording historical reference for the construction of the judicial system in Xinjiang Uygur Autonomous Region in the new era.This paper consists of four components, namely, the judicial system in South Xinjiang before the foundation of Xinjiang province(1840-1884), the judicial system in South Xinjiang after the foundation of Xinjiang province(1884-1911), the foundation and development of modern judicial system in South Xinjiang during the Republic of China (1912-1949),and the modern foreign administration of justice in South Xinjiang. In the first part, there is systemic research on the implementation and abolishment of the judicial system in South Xinjiang before the foundation of Xinjiang province. It analyzes the implementation of the judicial system in South Xinjiang in Qing Dynasty at a static view and reveals the abolishment at a dynamic view. The second part focuses on the implementation of the judicial system in South Xinjiang after the foundation of Xinjiang province, and highlights the process of chinese judicial system integration, while this part also analyzes the relationship between the new policy in Qing Dynasty and the seeds of modern judicial system in South Xinjiang, paving the way for describing the foundation and development of modern judicial system in South Xinjiang during the Republic period.The third part is about the foundation and development of modern judicial system in South Xinjiang during the Republic period.It is also the most prominent part to reveal the characteristics, namely, modern judicial system. Thus, it proves South Xinjiang is an inalienable part of China via researching a large number of historical data. In modern time, South Xinjiang breathes the same fate as the motherland.The fourth part is the modern foreign administration of justice. The reason why this part is listed specially is as follows:first, it has obvious times; second, the establishment of modern foreign consular jurisdiction in South Xinjiang is more harmful than that in backland. Throughout this paper, the four parts above is necessary for describing the modern judicial system in South Xinjiang. The features of time, nation and region is all through this paper.It is not difficult to find these conclusions. First, the development of modern judicial system in South Xinjiang toward integration with the Mainland, which deepens the Chinese nation's inner core of the cohesion. It has a positive role for the unity, prosperity, rich and strong of china. Second, the development of modern judicial system in South Xinjiang is slow because of the deficiency of judicial talents and financial stress. So, it should train and introduce talents and give sufficient financial support in order to speed up the building of the local judiciary. Third, it is important to govern according to its tradition and improve some tradition. Due to the national complex and the variance of tradition, it is necessary to respect the traditional custom and national sentiments. Meanwhile, it should ban the social abuses which deviate from national policy and good traditional custom, and even give legal sanctions to them. Fourth, it should accelerate the work of legislation and establish local legal norm in line with local conditions. Thus, there are laws to go by.