Research On Dali Yuan And Its Judicial System In Early Republican China

The establishment of Dali Yuan was a result of the constitutionalization and legislation movement at the end of the Qing Dynasty. As the supreme judicial organization in the context of a modern legal system, Dali Yuan has the right to interpret all laws and regulations and the highest judicial power, and is independent from other government authorities. This not only results in the unbreakable relationship between Dali Yuan in early Republican China and the legislation movement at the end of the Qing Dynasty, but is also a starting point for the understanding of Dali Yuan. Therefore, this essay will start with discussions on the influence of the legislation movement at the end of the Qing Dynasty on Dali Yuan in early Republican China. The author then writes on the establishment, responsibilities, judicial independence and in particular the use of precedents of Dali Yuan. More analyses are followed in relation to the characteristic and nature of the civil judicial system of Dali Yuan in early Republican China, which are analyzed comparatively with those in ancient China, and under the common law and civil law systems. Its influence on the civil law system of Republican China and the current legal system in Taiwan is further discussed. In the end, the author also discusses its significance on the improvement of civil legal system in China's mainland. Logically, the essay consists of the following four sections:Section I discusses the influences of the legislation movement at the end of the Qing Dynasty on Dali Yuan and its activities in early Republican China, including the birth of Dali Yuan-the supreme judicial organization in the context of China's modern legal system, the influence of judicial independence on the judicial activities of Dali Yuan in early Republican China, the influence of Draft Civil Code of Great Qing on the judicial activities of Dali Yuan in early Republican China.Section II discusses the establishment, internal organizational structure, responsibilities and independence of judges of Dali Yuan in early Republican China. Then the discussions are further extended to the use of precedents, application of statutes, customary laws and jurisprudences, and significance of use of precedents in legal methodology, which will give the readers a deeper understanding of the civil judicial system of Dali Yuan.Section III discusses the characteristic and nature of the civil judicial system of Dali Yuan in early Republican China, which are analyzed comparatively with those in ancient China, and under the common law and civil law systems. The special nature of such system is further revealed in such discussions. This section also covers its influence on the civil law system of Republican China and the current legal system in TaiwanBased on the above observations, analyses and studies of Dali Yuan and its civil judicial system in early Republican China, Section IV discusses its significance on the improvement of the civil legal system in China's mainland, including improving judicial independence, unifying legal interpretations and promoting the legislation of a civil code.