Research On Jiangsu High Court In The Republic Of China

In the thirty-second year of the reign of Emperor Guangxu(1906),the government of the late Qing Dynasty was on the brink of collapse.In order to save its own precarious destiny and to adapt to the changes of The Times,under the pressure of various parties,it began to set up new trial organs according to the western system model,and independent judicial organs began to appear in the land of China.In the second year of Xuantong(1909),a new judicial organ at the Jiangsu level was established in Suzhou,which was originally named Jiangsu Higher Judicial Hall.The wheel of history soon entered the period of the Republic of China.The new judicial organs did not fall into interruption due to the turmoil of the current situation,but gradually integrated into Chinese society.The number of institutions,the size of the courts and the judicial personnel on the staff all showed a growing trend.Different from many fleeting organizations in the late Qing Dynasty and the early Republic of China,the judicial organs not only survived,but were widely accepted by the government and the people,playing an important role in protecting civil rights,maintaining social order and guaranteeing economic development.However,the research on the new judicial organs has not received enough attention,especially at the local level.The process of the establishment,development and evolution of judicial organs in China,especially its internal structure and operating status,is rarely known.In view of this,this study focuses on the systematic study and in-depth description of Jiangsu High Court,with a view to organically combining legislative,judicial,social and legal studies,and examining the dynamic implementation process of laws.The development of any topic needs to have sufficient research motivation.The introduction part first discusses and analyzes the research motivation fully,then defines the research scope,and then focuses on introducing the academic research status in relevant fields.Finally,this paper introduces the writing ideas,research methods and materials cited in the writing.There are seven chapters in the body,as follows:The birth of the new judicial organs was not independent.The first chapter mainly introduces the historical evolution of Jiangsu High Court.Through the description of the judicial reform in the late Qing Dynasty and the process of the establishment of the higher judicial hall in Jiangsu Province,we can understand the historical background of the birth of the new judicial organs in Jiangsu Province.This chapter is divided into four sections.The writing logic is mainly elaborated in two dimensions: time and space.The first section summarizes the development history of the judicial organs in Jiangsu Province,discusses its development in the late Qing Dynasty,the Beijing Government and the Nanjing Nationalist Government from the perspective of time,and reveals its law of succession.The last three sections are discussed from the perspective of space,from the site of the court,the building of the court,the court and the prison,etc.,as the entry point,to show its new appearance under the influence of the new judicial concept.The second chapter mainly focuses on the institutional setting of Jiangsu High Court.In order for the court to perform the functions entrusted to it by the state,it must also rely on a permanent internal organization,in addition to abiding by uniform substantive and procedural laws.A careful study of the internal organization and system of the high court in jiangsu reveals that it is fundamentally different from the traditional yamen.This chapter is divided into four sections.In the first section,the dean is introduced first,because the leadership ability,working style and even personal habits such as personality and hobbies of the head of any organization will have an important impact on him.The President of the Republic of China was in charge of the high school,and there were no positions such as the Vice President,so the President had great power.Through studying the duties and authority of the president of Jiangsu High Court and observing the previous presidents,this paper analyzes the role of the president in an all-round way.The second section is a study of the procuratorial office.After sixteen years,the procuratorial office was incorporated into the courts and renamed the procuratorial office,which was in charge of procuratorial affairs.The third section is the study of the internal organizational structure,including the basic functional departments of the court,such as the civil criminal court,the clerk's office and the civil enforcement office.The fourth section is a study from the perspective of different types of internal meetings of the court,and further reveals the rules of internal operation through the participants,meeting procedures,and matters discussed in the meeting.The third chapter revolves around the judicial personnel establishment of Jiangsu High Court.Any organization is composed of people,and at that time China was experiencing the process of the rule of man to the rule of law,so the human factor had a decisive influence on the system design and the operation of the organization.The members of Jiangsu High Court include judges,prosecutors,secretaries,clerks,bailiffs,bailiffs,prison administrators,etc.Through the investigation of these people's resumes,we can find that the staff of the new judicial organs have initially formed a professional goal.Is divided into four sections in this chapter,in light of the nature of work in personnel differentiate or is introduced,along with all the judgment and prosecutors for a section,independent section,the clerk,clerk of board member,inspection collectors,bailiff judicial support staff for a section,the prison system management as a day,which helps to distinguish different jobs group characteristics.The fourth chapter focuses on the judicial funds of Jiangsu High Court.Any institution operates outside the economic base.At the end of the Qing Dynasty,the new judicial machine was caught in financial distress at the beginning of its birth.In the subsequent decades of operation,the problem of judicial funds has not been fundamentally improved."Lack of money" has become the primary obstacle to the survival and development of the court.The establishment of new courts,the payment of salaries of judicial personnel,the improvement of prison administration and so on all need the support of judicial funds.However,trapped in the reality of a weak country and poor people,the judicial funds are very limited,which directly leads to the survival of the court.This chapter is divided into two sections,from the judicial income and budget expenditure to a comprehensive analysis of the economic basis of the survival of the court.The fifth chapter is the focus of this paper.It mainly studies the trial situation of Jiangsu High Court.This chapter consists of seven sections,which are the acceptance and distribution of cases,the classification of cases,the principles of trial,the criminal trial procedure,the civil trial procedure,the criminal case and the civil case.Trial is the core function of the court.Through the systematic study of the trial procedure,case trial cases and the whole system,we can understand the basic operation of the whole court comprehensively,and play a role in understanding the operation of the Jiangsu high court.Through a comprehensive study of the trial of cases in this court,it can be found that its judicial trial has realized comprehensive modernization,and it strictly applies the legal provisions on the basis of paying attention to evidence.In view of the different characteristics of civil criminal cases,the way of trial is also obviously different.In the trial of specific cases,it is basically impartial and maintains the justice of the judiciary.The sixth chapter discusses the external relationship of Jiangsu High Court,including four sections.It is a common practice of modern judicial civilization that courts exercise judicial power independently and are not interfered by any outside organizations and individuals.However,there are great differences between reality and theory.The administrative organs,lawyers,military police and foreign agencies in China were the four most capable and willing forces to interfere in the court's adjudications.Although the court is independent from the administrative organ,it is an objective fact that the administrative power is strong and the judicial power is weak.Moreover,the judicial organ relies on the financial allocation of the administrative organ and is more subject to others.There are close business connections between lawyers and courts,and the two-way flow of personnel between them is very frequent,the relationship is inextricable;Soldiers and police are an important part of the national violence machine,especially prominent in the troubled times of the Republic of China,and the courts are always under threat from them.Since modern times,China has been reduced to a semi-colonial and semi-feudal country,and the imperialist powers have obtained various privileges in China,especially consular jurisdiction.The jurisdiction of the Jiangsu High Court contained the most important Shanghai Concession of the time.In the process of exercising judicial power,they have to deal with the Ministry of Industry and the Board of Directors.Through revealing the complex external relationship of Jiangsu High Court,we can find its difficult performing duty environment.The seventh chapter is the summary and thinking of the whole article,which aims to provide a mirror for the current legal construction through the study of Jiangsu High Court.Not long after the birth of the new judicial organs,it revealed a decadent atmosphere,especially in the middle and late period of the Republic of China,which deviated from the ideal of the original system designers and gradually went far away.Many problems,such as administration,corruption and depravity,sloppy work and low judicial efficiency,have prompted the rapid variation and decline of the court,which makes people deplorable.A judicial organization designed and established completely in accordance with the modern western judicial concept,and a trial organization placed great hope on at the beginning of its establishment,it did not save China from suffering,but was eliminated together with the old society by the flood of history and times.In the face of their own problems,Jiangsu high court has also done a struggle,also put forward the corresponding solution measures,but after all there is no way to change its fate,sigh.