A Study Of The Thought Of Judicial Reform In

Ju zheng is a famous politician and jurist of the Republic of China. Because of the long-term experience of revolutionary and judicial practice, he is one of the main representatives of legal thought of the Republic of China, and one of the main founder and promoter of the Republic of China legal reform. His influence on the modernization of the judicial and legal process is so important that can not be ignored. At the same time, the social changes of the Republic of China and the specific historical context based on it, really is a decisive factor in the Republic of China legal change. Just for this, the paper, under the particular historical context, takes his personal perspective as a starting point, and analysis his theory and practice of judicial reform during his sixteen and a half years in the court of judiciary. Combined with his dual identity as the revolutionary and the judiciary, the paper analysis the interactive relationship between judicial and politics, people and other background factors in this period, thus understanding the significance and the value of justice in a specific context.The judicial reform of China modern largely focus on the cancellation of the consular jurisdiction and the abolition of unequal treaties, its performance is carried out through the extract and replication of the western law, it leads to the conflict and confrontation between the law system and the justice practice, and his so-called "state without law". The reason is the copy of western law and difficulty to reach a consensus in the concept of Chinese Justice. At the same time, the unprecedented national crisis accompanied by as urge of nationalism, the legal system, which should be relatively independent, is often victims of political agitation, and lost its authority.In this crisis period of judicial sovereignty and legal authority, Ju Zheng, with the role of revolutionaries and a leader of central judicial, had to rethink the value of the judicial reform to national crisis and the legal authority. Compared with the judicial reform of the late Qing Dynasty as a passive response to the West, Ju Zheng paid much attention to the autonomy and reality of judicial reform. His long experience with the political identity of the revolution makes the judicial reform less of idealism, a little more practical significance. His emphasis on the autonomy of judicial reform and the reality of the value of its specific knowledge must be understood in the judiciary.Ju Zheng thinks that the essence of judicial is to safeguard civil rights and the final purpose is to serve the national construction. But now the law not only failed to consider the conditions of the people in the content, the shortcomings in judicial practice made people’s crisis of confidence increasingly serious, and what about the guarantee of civil rights. Just is for this, Ju Zheng need to consider how to make judicial reform suited to China’s specific national conditions and people’s livelihood, and give full play to the judicial safeguard people’s rights and interests, to popularize legal knowledge and realize the important mission of the authority of law. Therefore, judicial reform must be established with national standard, and only like this can offset he plight of the form of legal changes in modern China.In order to construct the justice based on national standard, Ju Zheng thinks we should clarify the interaction relationship between political and judicial. At the time of the objective conditions, the ethnic problems in the very great degree is a political problem, and the country’s most critical political demands is seeking national independence and to achieve reunification of the country. So in a particular situation of ethnocentrism ultimately is how to deal with the political and judicial justice construction special relationship. According to the understanding of Ju Zheng, on the one hand, the specific process of judicial reform must rely on politically powerful propulsion. Ju Zheng had once in a judicial dean at the same time as Supreme Court justice, judicial administration, secretary and so on, especially in the part-time administrative minister of justice and on a large scale construction of judicial authority, and is largely use administrative commands to be introduced; on the other hand, Judicial reform itself is to strengthen the country’s political rule, and to construct of the system and the main body by the judicial organs effectively.Specifically, Ju Zheng’s emphasis on the political principles of justice can be embodied in his idea of the judicial party. Different from Xu Qian, Wang Chonghui and other judicial party holders, His idea of judicial party doesn’t mean the judicial officers both are served by the KMT members, but requires judges in specific cases when the referee does not focus on the use of general legal and justice. They should see the Three People’s Principles as a guide. Only thus can implement the Three Principles into the judicial practice, and achieve the judicial function to the politics. What’s more, based on it, Ju Zheng develops the "party justice jurisprudence" in practice mode. It takes the Three Principles as the administration of justice and as a typical case precedent for future similar cases to be invoked. Ju Zheng seeks to balance the conflict and confrontation between the legal and the national sentiment, effectively resolving the people’s confidence in the judicial crisis. However, it exacerbates the lost of independence of the judiciary of the Republic.We can know that Ju Zheng’s discourse on judicial independence from his related discussion. Therefore, his legal thought is always accompanied by the conflict between judicial party and judicial independence. On the surface, judicial independence and judicial party isn’t compatible, but after deep analysis, we find that Ju Zheng has hiss own independent judicial opinion. In his view, the importance of judicial independence is not its function in the Western powers of control theory, but rather as a political appendage and operation under the country’s political power. Judicial simply is just a way to rule the country to achieve its functions, with his words,"of duty" instead of "separation of powers". The so-called independence only means the entire judicial system maintain the integrity and stability in the form, without interference of other departments at the same level. This is why Ju Zheng can make judicial independence and judicial party coexistence in his theory and does not exhibit any gap with ambiguity reasons.In short, any theories and ideas are subject to the specific social foundation. Ju Zheng’s judicial reform ideas are no exception. The limitation includes the fierce nationalist tendencies, the permutation of political principles to the entire judicial system, in particular, the impact of the Party of Justice to the independence of the judiciary, and the propulsion utilitarian. All reflects the variation and dislocation of his judicial theory and practice in the national crisis and social chaos, which seems link to the late Republican judicial corruption and the existence of social control. Thus, out analysis of Ju Zheng’s judicial reform ideology and practice, is of no intention of shaping "leader" image of Ju Zheng in the process of judicial reform, just want to learn from history, perhaps the issue of judicial reform process in contemporary China can never encountered too distant past to find possible paths, not to repeat past mistakes.Finally, because of the capacity and data collection issues, the discussion about the relevant content need to be deep, and the understanding of the issues should be strengthened. Among them, how to correctly grasp Ju Zheng’s understanding of the relationship between the judicial independence and judicial party, the background of "the party Case" and "Party decided prison justice" and practical approach. In addition, the lack of fundamental theory makes that the evaluation criteria on Ju Zheng’s ideas need promoted. These are issues which should be pay attention to for further study.