Republic Of China Ministry Of Justice (1912-1914)

This paper mainly discusses the Ministry of Justice of the Beijing government in 1912-1914. under the framework of "Provisional Constitution of the Republic of China". Beijing's Ministry of Justice is directly inherited from the Late Qing dynasty law department. It is more than a reference in the official system structure, rules and regulations, etc. While with the state system changes and the continual emergence of new circumstances, the Ministry of Justice began to independently explore, trying to find a way which could both reference of Western legal ideological, and consistent with China's national conditions. Finally, they achieved remarkable results and have made a great contribution to the modernization of the Chinese legal system. This pape is basing on the study of the Ministry of Justice within the official system, personnel, policy and arrangement, reflecting the real situation of the internal Ministry of Justice working, this paper could provide a reference for building the socialist legal system with Chinese characteristics through the believable description of the specific events by the Ministry of Justice.The paper has five chapters.The first chapter introduces the process which is from the establishment of the law department of Late Qing Dynasty to the Justice Ministry of Republic of China set up. Then it makes a brief account for the Nanjing justice department.The second chapter analyzes the history of the official system of the Ministry of Justice, and summarizes its development context. Another point of this chapter is the introduction of Preparatory Office of judicial, which is the institution directly under the Ministry.In the third chapter, the four ministry leaders become as clues. The article show the judicial reform program through introducing and analyzing the four leaders policies.The fourth chapter identifies the status and role of Ministry of Justice in the Early Republic government, through describing the permission relationship between the ministry and the other central departments, and between the ministry and the other provinces. The fifth chapter tells the details about what a key role the Ministry of Justice played in the cause of justice in the early Republic of China. Especially focuses on the contribution on the creation of the lawyers system, reforming the prison system and so on.