| The paper analyzes the Chinese traitor trials under the National KMT Government after the Anti-Japanese War to review the legislation and judicial practice as well as the legalization process under the Nanjing KMT Government. The paper falls into four parts.The first part gives the definition of Chinese traitors as the paper's research scope. It makes a brief review of the studies made into Chinese traitors and carries out an analysis of their characteristics and shortcomings to emphasize the academic significance and practical meaning of the paper research.The second part centers on the legislation of traitor punishment and on the setup of judicial authorities: the legislative and judicial system under the Nanjing KMT Government and the background, characteristics, process and main ideas of the enforcement of traitor punishment regulations.The third part makes a detailed analysis of traitor trial according to judicial procedures and points out the judicial laws and the judicial authorities. The judicial procedures include reconnaissance, trail, sentence, re-trial and execution. The strict judicial procedures ensure the fairness and openness of the trails, reflect the notion of safeguarding the legal rights of the accused, and finally contribute to the smooth running of traitor trials.The fourth part makes an assessment of the traitor trials under the KMT Government after the Anti-Japanese War and gives an account of the characteristics of these traitor trials. The KMT Government carried out the traitor trials in open courts according to judicial procedures. The openness of the trails had positive significance as it reiterated the authority of national laws and upheld the justice. However, we should make an objective analysis of the judicial corruption in the trials, resulted from both the problems in the judicial system itself and the special and turbulent historic background. The corruption cannot simply be blamed on the reactionary KMT Government. In fact, both the... |
PDF Full Text Request