On Nanjing National Government Judge System

Judicial independence as the inevitable requirement and result of market economy is accompanied by modern Western political revolution. A judge is not only the foundation of the operation of law, but also the core of judicial system. To balance the legislative and administration by jurisdiction, Western countries established a complete judge system ,which marked judges who were seen as the backbone of the state and society ,have unprecedented authority and the highest status .In recent years, with the deepening of reform and opening up process and the further development of the market economy, Chinese existing judicial system defects are being exposed day by day, and the reform of the judicial system is more and more expected. Forced by many people in the community ,on February 28,1995, the 12th meeting of the China's Eighth National People's Congress Standing Committee passed the Law on Judges of People's Republic of China, which was revised in 2001 the 22th meeting of the China's Ninth National People's Congress Standing Committee. In addition, the Basic Norms of Professional Ethics of Judges and the Code of Conduct for Judges (Trial) were made and published in 2001 and 2005. Chinese judge system finally has been guaranteed by clear provisions of law, and all these provisions are great improvements since 1949 .As an important part of judicial system, the judge system abstracts more and more scholars, the concentrate of whom ,however, is confined in the status quo and the reform direction of Chinese judge system. Since the late 19th century, due to internal and external pressures, modernization of Chinese justice stated slowly, this marked many initial change of the old tradition of the Chinese legal system. After the Revolution of 1911 and the rule of Northern warlords, Nanjing national government formally completed the unification of the whole country in 1928, and the local separatism warlords' situation had to come to the end. Because of the relatively stable political situation, Nanjing national government could implement effectively rule of the country, which made the preparation for further reform measures concerning judicial independence. These measures developed the reform fruit of the late Qing Dynasty and the periods of Northern warlords and in large measure accelerated the process of modernization of Chinese legal system, and have milestone significance in the history of Chinese judicial reform. However, effected by many subjective and objective factors, China's judicial reform and the modernization of the road did not ultimately achieve the desired results and even result in a certain degree of retrogression. After 1949, the systems of Nanjing national government have been retained, developed and finally finished the modernization process. This difficult transition process, fully demonstrates an inevitable law of the society development: as the superstructure of the society, establishment and changes of legal system will depend on the social, political, economic foundation. The construction of any system cannot be without certain history condition. Pains are inevitable during the study and reform process, but we must attach importance to studying the social traditions and practical conditions, as to pay a minimum price for the greatest gains.This paper will focus on the history of the evolution of judge systems, and after collecting the history materials and related works, the paper will analyze the judge system of Nanjing national government, including the theoretical basis, background and the specific content, by the ways of historical materialism and comparison. Furthermore, on the basis of analyzing the value, defects and the cause of those defects, this paper will turn to Chinese corresponding system now, compare the two different system in order to make clear the history of Chinese judge system and to seek the beneficial point of the system construction from the comparison, all in all, for China's current reform of judge system.