The Reform Of The Judges' System During The Period Of The Republic Of China

The modernization of the Chinese judge system began in the late qing dynasty.In the western "separation of powers" and "judicial independence" under the influence of thought and system,the late qing dynasty to open development professional,a judicial examination,and choose professional judge,these reforms left a legacy for the government of the Republic of China.The government of the Republic of China attaches great importance to judicial reform,especially the system of justice,as stated in The Times: "when it comes to the politics of a country,it is the most important to the People's Daily relations.The people's faith in government depends on the rule of law.It is especially true in our country.It is seen that the system of the judge is the most important person in the country.Therefore,the judge plays a decisive role in judicial reform,and the implementation of judicial reform results will depend greatly on the professional accomplishment of the judge.According to this,the government of the Republic of China has issued numerous laws and regulations and administrative orders to guide the reform of judges' selection,appointment,performance,reward and punishment,and guarantee.In the period of the Republic of China,the selection of the judges was the main way.Beijing continuation of nanjing national government period provisional government of the late qing dynasty change the law inheritance,regularly held across the country judicial examination,and through the test of heavy and complicated procedures,select the legal talents into the modern judiciary,given the particularity of the judicial career,the government before the judicial office,related to the practice of training,in order to better adapt to actual needs in the work.Advocate justice party,nanjing national government period and the kuomintang party members relax test conditions,the judge training by strongly advocate to three people's principles to guide judicial trial,has prepared a lot of the kuomintang party members for the judiciary.In order to clarify the ranks of the judges,the government has conducted administrative supervision through performance appraisal,punishment and reward.Appraisal is divided into assessment ofone season and in Beijing,the national government period,comprehensive appraisal content,involving the judge morality,business knowledge,professional ability,work attitude,hard work,many aspects,such as health and daily communication.At the same time,the judges of the period banned the party and the ban,and put an end to all the factors that might affect its fair trial.If any violation of the above contents is found,disciplinary action shall be taken according to relevant laws.In addition,if the judicial officials in the work performance is good,also have reward according to relevant laws,in order to arouse the enthusiasm of judicial work,and setting good examples,for judicial team positive guidance demonstration effect.The performance of nanjing national government has been more mature,with the results divided into the preliminary core and the review,but the performance is not as specific as the Beijing government,and the evaluation criterion is subjective and colorful.In addition,the nanjing national government's punishment and award of the judges are generally in the civil service,it is difficult to embody the uniqueness of the profession of the judge.Judge's security system is through the judge to meet the material and spiritual needs,make its work in peace,without external interrupt,able to work,no worries for judicial justice,fair to hear cases.In the period of Beijing national government and the period of nanjing national government,the official and other salaries were associated with the official,the higher the official,the higher the official salary,besides the stipend,there are all kinds of welfare benefits.From this point of view,the material safeguard of each government to the judge is in the law to see,is very generous.But in fact,because of the war,the financial constraints,these material treatment is very difficult to be handed out to the justice of the court,and some of the judges have to turn to the industry,to be satisfied.Job security is mainly to ensure that the judge "cannot be dismissed by law" and can be tried independently.The content of the recognized by the constitution,on a certain program,does protect the basic rights and interests of the judge,but due to the later period of the Republic party of power,the power and administrative power,the rights and interests by certain impact inevitably.The reform of the system of judges in the Republic of China has taken an important step in the transformation of China from the traditional judge system to the modern judge system.Through judicial examination and selection of new judge,injected fresh blood into the judicial the judge as professional,authoritative,and increased awareness of independent trial,to a certain extent,rectify the society at that time,the judge's professionalism also won general recognition of the whole society.In general,in the period of the Republic of China,the professionalization and professionalism of the judges achieved gratifying achievements and progress.In terms of the judge of retrieval,however,the Beijing national government period has a very valuable change,but not very thoroughly,particularly in the nanjing government period appeared a serious setback,judicial political?army and party's interference and control,judge of feasibility and professionalization and specialization has been affected by the reform.Meanwhile,due to the serious shortage of judicial funds,judicial corruption is prevalent.The underlying causes of these problems are the undemocratic political system and the independent judiciary.