The Research Of Judicial Department In County Of Jiangxi Province (1936?1949)

Judicial independence, which succeeded to transformation of legal system in late Qing Dynasty after 1912, is the main stream under the constitutional government system. Though the plan of new pattern court has been put forward, it met with many difficulties because of fetter of traditional system, obstruct of political issue and lagging of judicial concepts and shortage of judicial expense as well as professional stuff shortage. Thus, few new courts appeared in flourishing places. It had little effects on the society and economy, especially on judicial departments of county level.Administration of judiciary in county was left behind because of the replacement of old and the new regime, the political changes, the obstruct of times. Therefore, few experts did researches about it in the field of legal history and judicial system. The thesis studies the judicial department, takes Jiangxi Province for example, and the evident came from archives in Jiangxi Province, aims at restoring its truth. Moreover,the thesis consists of five parts.The new courts were carried out slowly in the county. During times of the Republic of China, reform of the judicial system, though it was not set up in county,was conducted smoothly and audit office, the judicial bureau, the county governor,county judicial office turned up. However, the main stream was the county governor in county level. Its position was broken up by the judicial bureau till 1936, and thelatter came into our sight.Part one setting up and changes of county judicial departments in Jiangxi Province. The county governor represents historical inertia of administration, while the judicial system in county continues to live in its ideal realm, which seeks for judicial independence. This chapter claims the process of different levels system in county judicial system, the background of judicial departments and budget as well as training of judicial personnel in various county. In addition, this chapter talks about the building of county judicial departments stage by stage, the breaking-up of some county judicial departments during the Anti-Japanese War, and restoration after the War, county courts instead of some county judicial departments. The chapter also depicts the evolution of county judicial system during Nanking Republic Government in detailed.Part two Position, pay and performances of county judicial departments. It studies the size of personnel force and the responsibilities of judicators, court reporters, inspectors, catchpoles, clerks and court police and so on. The change of pay in judicial personnel shows that it rises again after the deep backfall in their real life.And it depicts the hardship of judicial personnel differing from the common people.In contrary to price index, price of rice and the price of daily living equipment, the income of judicatosr was 140,000 yuan, but their life levels decreased to 70 yuan per month, which was as 1/5 as that in 1937. Furthermore, it talks about supervision and performances as well as effects on county judicial departments from upper levels.Part three Group study of judicators in county judicial departments. It depicts the study background and qualifications, tenure and registration deadline, native place and Party membership and so on in detailed, which were based loosely on appointment and dismiss from the High Court of Justice and resume of judicators. In contrary to the same period of the county head and administrative staff who attended the training as well as study background of senators from both county and provincial level and those belonged to new regime, we can have a good knowledge of professionalization and excellentization in selecting judicators. However, few judicators did some illegal matters even committed a crime which had a bad effect on the ordinary, to some degree, most judicators were honest and upright.Part four Civil trial of judicial departments. It mainly talks about Civil litigation procedure, the compiling of some cases from civil trial, analysis of the suit size handled by county judicial departments, the types of civil trials, frame of criminalcrime, and sentence level of trial as well as the litigation rate, and scans personnel entanglements and development of society. Besides, it analyses historical situation and bigotry via land disputes and Injury cases, which take up 1/3 of civil trials.Part five Evaluation of county judicial departments. It is the county judicial office that provides a place for judicial personnel to practice. And it recorded civil trial as a fundamental process. But the county governor and judicial staff only employed their relatives, which was blame by people all around the world. The original aim of the system was to be a basis of county court. In view of its theory and practice, judicial system in county keeps balanced between judicial power and executive power, the paradox between the independence and sluggishness of judicial power. Thus, the county judicial departments as a quasi-sovereign judicial office has a deep influence on history.