On The Procuratorial System Of The Nanjing National Government(1927-1937)

The procuratorial system, originated from western society, was introduced into the late Qing Dynasty and became an important performance for China entering into modern judicial civilization when it was reforming the judiciary. The late Qing Dynasty made some creative designs such as setting up investigating and prosecuting organs, supervising procurators, determining the functions and the three powers the procuratorial organs, which laid the foundation of modern prosecution system. The Beijing Government continued to transform and develop the procuratorial system based on the principle of separation of powers during the period of Republic of China. After experiencing the realistic dilemma, judicial reformation began to return to the traditional, the county magistrates managed the local courts, and the judicial system was changed, which was the fact in many places where had not establish the courts. Because of the union of the country, the stability of society, the construction of national institutions and the reformation of judicial system, the Nanjing National Government made greater achievements in the building and development of the procuratorial system than the late Qing Dynasty and Beijing Government. The procuratorial system of Nanjing National Government had become an important part of the Chinese judicial system, which promoted the development of Chinese modern judicial civilization.The author researches the procuratorial system from institution setting, prosecutor administration and procuratorial organs’ function through the method of historiography and law, teases out the relationship among practitioner, procuratorate-police and procuratorial discipline, and analyses the factors which restraint the procuratorial system operating effectively.The thesis haa six main chapters. In the first chapter, the author cleans up the sources, basis and system design of the Nanjing National Government procuratorial system, which is drawing on foreign procuratorial system and absorbing the results of the reform in the period of late Qing Dynasty and Beijing Government. The author discovers that this system is based on the doctrine of power separation and the Three People’s Principles, the design of the system both from the law during the Beijing government, and the laws and regulations which enacted during the Nanjing National Government.In the second chapter, the author discusses the organization and management of the procuratorial system in Nanjing National Government. The main changes and achievements embody on Institutional settings, affairs processing, and the business management inside the procuratorial organ, which means the system in Nanjing Government is better than it in Beijing Government in the sides of institution setting, affair management and regulation building.In the third chapter, the author discusses the composition and management of the procuratorial system in Nanjing National Government. The distribution of prosecutors is influenced by their educational level, age structure, distribution and other aspects of the length of tenure of prosecutors in this period; at the same time, it has some characters as high level of education, perfect age structure and short working time. In this phrase the management, training, appointment and reward or punishment of prosecutors are increasingly to standardize and improve, while the influence of the Party of Justice is embodied in prosecutors management and some other aspects.In the fourth chapter, the author discusses the general criminal cases and function of procuratorial agencies in civil proceedings. In this part the author neatens the changes and duty performances of the prosecutors in Nanjing National Government, from which we can see that the prosecutorial system in Nanjing National Government is to adapt to the social surroundings of China, and the author finds out that the reasons leading to this modulation and makes an attempt to explain the procuratorial system has been localized. After that the author demonstrate the positive role of prosecutorial competence which includes promoting judicial justice and judicial civilization through relevant examples and statistics.In the fifth chapter, the author expounds the relevance among vetting, prosecutors and polices, and dissects the linkage between the procuratorial system and other judicial departments, which reveals that the system has an impact on the judiciary and other justice sector by check when it is in process.In the sixth Chapter, the author summarizes the historical characters, working efficiency and shortcomings of the procuratorial system, analyses the factors which constrains this system to make greater achievement, and narrates the historical value of this system in Nanjing National Government.By sections discussed above, the article tries to explain the achievements of the procuratorial system of Nanjing National Government in institution building and authorities using. At the same time, this article discovers that the procuratorial system had some characters like De-Baathification and localization. The building and development of the procuratorial system enhanced the concept of justice, improved the efficiency of handling cases, safeguarded social welfare, and promoted the development of Chinese modern judicial civilization; on the other hand, due to the influence of traditional culture and judicial funding, this procuratorial system, based on the principle of power separation and trail controlling, was determined to encounter obstacles and mutation.