On Judge System In The Period Of Nanjing National Government

In a country and society, judge system becomes the key of justice system owing to the junction on the strength of application activities of laws. Since the independent regulation system of legal official selection, status protection as well as ability security hadn't come into being, that so-called formed judge system in Ancient China maybe not exactly. Modernization of Chinese judge system began in the reform of the judicial system sports in the late Qing, Since then, judges are independent in the trial system and the system of judge selection system was established. In the Republic of China, Chinese judges are in the modernization of the system implementation period, Nanjing Provisional Government, the Northern Government, Nanjing National Government based on the late Qing reform of the judicial system, Further study and learn from the advanced western concepts of justice and judicial systems, combined with the China's specific national conditions at that time, Mainly of a rational construct, namely, the adoption of legislation to promote the modernization of the judicial system, finally China succeeded in the modernization of the judicial system, keeping pace with the world trend of the reform of the judicial system fundamentally.In the process of the leadership of bourgeois-democratic revolution, Dr. Sun widely collected the advantage of western countries and absorbed the essence of ancient Chinese thought, meanwhile creatively put forward a "five-power Constitution" as the core idea of constitutional democracy, the "separation of power five," "empowerment sub-rule", "local government", "revolutionary process theory" as their chief representative. Under the guidance of the thought that "five-power Constitution" , Nanjing National Government established the five-chamber national government political system. "Five of separation of power", this system is not only the countries which are not, the doctrine is also rare, is the first time a whole, Under this system of government , the specific content of the judges system also made its own characteristics. Moreover, The judge system build by Nanjing National Government disappeared and without any influence over Chinese in the mainland after the fact that KMT fled to Taiwan. It may have many aspects over the cause of before-mentioned historical facts, which includes not only total society environments such as political, economic, ideological and cultural aspects, but also the self reasons of KMT government.Based on the collection and analysis over historical data and treatises of scholars and experts in different periods, the introduction and analysis of judge system in the period of Nanjing National Government will be presented in the following thesis. The origin of judge system in the period of Nanjing National Government will be analyzed theoretically and institutionally n the first part, which includes a number of modern western concepts of justice, principles and Sun Yat-sen's Five Constitutional Right Idea theoretically and practical outcome in studying and using western judge system as a source of reference in modern China institutionally. The specific aspects of the system during this period will be introduced in the second part, which includes judge examination appointment, performance rewards and punishments as well as treatments and protection systems. The main comparison with foreign judges system in the same historical period will appear in the third part, which will present aspects in common and differences as well as brief analysis and conclusions. At last, integral evaluation of the judge system in this period in the forth part, including evaluation of the system with combination of Five Power Division System, practical conditions of the system and analysis of results and lessons.