The Evolvement Of Modern Chinese Criminal Justice System

It is one of the most intense and also effective phases in the durationof the reform of Chinese law system from the political reform in the lateQing Dynasty to the initial constitution of the Six-Law System by NanjingNational Government. At this moment, the Chinese feudal andtraditional criminal justice system was going to expire while the newsystem, represented by the advanced theories of Judiciaryindependence, justice publicity, equality between the prosecutor andthe defense and direct expression (i.e. direct trial and expression trial),were starting to germinate and develop. Due to the bondage andinfluence of the certain historical condition and social environment, theChinese criminal justice system was experiencing a hard time inmodernization, with some of the systems reversing or even dissimilating.However, in general, it was going forward. The significance ofadvancement and historical value cannot be denied, which is worth usearnestly studying and using as reference.In this thesis, with the basic theory of modern criminal justice, at theangle of historical continuity and text relevancy, focusing on thebackground cause and the issues of justice independence, justice system,trial system, and relief system, I am planning to draw a whole outline ofthe Chinese criminal justice system of the period from the late QingDynasty to the early Nanjing National Government, to show truly thereform progress in this historic time, and to enable us a rationalunderstanding of the evolvement. And from a macroscopical level,some general ideas are come out that, in order to boost the evolvement,a successful legal system innovation be provided with enough social environment condition, be matched with the development of politicalsystem, and be assorted with the construction and cultivation of lawculture as well.