Research On The Wartime Judicial Reform In NUC District

In order to gain the goal governed by law, the Republic launched a line of large-scaled reforms. The Republic has entered the new era of coexistence and modernization of the legal system while the collapse of old legal system , and it began to establish its new legal system by reference to the West countries while the traditional judicial system was in process of gradual completion of modernization. From the late Qing Dynasty to the Republic, judicial reform was the most crucial part of modernization of Chinese legal system in the process of history. The significant judicial reform in the period of wartime deserves to be mentioned as the subject especially. Up till the present moment, almost does anybody do special research on the judicial reform in the period National Anti-Japanese War. It can be said that this issue is pending in the sphere of learning. Based on historic and practical significance of the subject, this thesis was assigned " Research on the Wartime Judicial Reform ", approaching from different angles: the transformation of the concept of judiciary, judiciary institution building, judicial process-reform, judicial personnel management, judicial reform-review from the historic and realistic aspects, and then to complete the picture of judicial reform in the wartime, and to analyze gains and losses, so as to provide reference for judicial construction now. In research methods, this thesis adheres to the Marxist historical materialism as a guide, the historic research method-based on evidence and the combination of law, history, launched a comprehensive multi-disciplinary research. The author tried to collect and possess reliable information as much as possible, then seek the truth from facts regardless of outdated theory.In particular, this thesis includes the following: introduction of the main topics of this thesis on the meaning and value of the subject and some important concepts to define. Part I is a comprehensive account of several judicial reforms from the Qing Dynasty to prewar period, on which the judicial reform in the period of Anti-Japanese War based. This part also lays stress on the transformation of the concept of judiciary and the spiritual impetus and intellectual support of judicial reform on ideological level; Part II details the judiciary building work in wartime , focusing on the changeable relationship of administrative subordination of Administration of Justice, the setup of county Department of Justice ,additional provincial court, the integration of judicial resources in the Tibet Province, realistic assessment the efforts made by the authorities in institution-building, the hardship they suffered and problems they faced; Part III, mainly discusses the examination and training for judicial personnel in the wartime covering the management of the judicial officers in theatre of operations, lawyers examination and system of judicial protection, detailing on judges of the selection, appointment, treatment, relief and supervision in the wartime. Through the colletion of historical data, the authors found that the judicial reform initiatives can implement, depending largely on a number of judicial excellence. Part IV points out the urgency of judicial reform in the wartime by contrasting with judicial system pre-war. Part VI, on base of the general survey of judicial reform in wartime, the author tried to explain why the advanced rule of judicial independence from the West was distorted and resulted in malformation combined with China ,approaching from native culture etc. Closing remarks sums up the judicial reform in wartime.