On The Criminal Justice System In Modern China (1902-1937)

Criminal justice system in modern time is constructed in the transition process of traditional criminal justice system. Modern Criminal justice system has an important historical significance and theoretical value. So this is worth research. We hope to understand modern Criminal justice system’s press and practices through this research.In modern china, due to intensified social internal contradictions and pressure of foreign powers, Qing government was forced to begin to change modern criminal justice system. All these changes, not only modeled by civil law countries’criminal justice system, but closely associated with specific social background. In the process of modernization of the criminal justice system, we introduced the rule of law, advocated trial independently and publicly, established new court, selected and trained new judges. Meanwhile, western modern criminal trial basic principles were established in legislative and judicial process, such as respect party’s human rights, no crime without a law, conviction based on evidence, separation of the prosecution and the judiciary. These basic principles became the fundamental value of criminal justice system in modern china and played important role in guiding the practice of criminal justice.Generally speaking, criminal trial operated within the law in modern time, mainly criminal justice cases were undertaken by the criminal adjudication tribunal in the courts at all levels. In the process of constructing criminal justice system ,judicial hierarchy had experienced a reform from”three instances at four levels”to”three instances at three levels”. In order to try different types of criminal cases respectively, organization forms of criminal justice divided into two types, Sole Judge Bench and Collegiate Bench.Until 1928, the year Nanjing National Government settled in Nanjing, Criminal justice became relatively stable, but it was still not completed. The reasons were as follows: on one hand, our nation just united politically, in want of amendment to some relative laws to meet the demand of social changes, unavoidably, the criminal judicial procedure turns complex and changeable, resulting in the pluralism of the source of the criminal trial law, which includes laws enacted by the government and draft haven’t taken effect then. On the other hand, the theories and principles of the western modern law transmitted from abroad, as well as modern Western legal theory, legal principles, and even foreign law, based on which the administration of justice tried cases.In order to understand the actual situation of criminal trial and analyze conflicts between western criminal justice system and Chinese social situation in modern time, on the basis of research of system, this article does empirical analysis through criminal cases. The supreme judicial organ at that time used its power of legal interpretation to establish a large number of precedents and interpretation-models through judicial created. These precedents and interpretation-models became important legal basis of justice in criminal judicial organs at various levels. This approach changed disordered state of application of laws, enhanced judicial authority, and standardized criminal trial procedure. It also conducive to proper application of criminal substantive law and ensure criminal trial is equitable.Overview Chinese criminal justice system in the modern time, although the criminal trial subject is diversified, applicable law is multi-source, the system is complete, detailed, and in order to adapt to the change of social objective circumstances, during judicial practice by the way of judicial created adjustment timely, So as to improve the criminal legal system continuously. This fully embodies the rational resolution of disputes, to achieve a fair trial, judicial philosophy. The process of building modern Chinese criminal justice system provides an experience and reference; deepen our theoretical understanding of modern Chinese legal system. All of this has practical significance to reform Chinese criminal justice system.