A Study On The Examination Relationship Of Nanjing National Government

The Judicial Reform in the Late Qing Dynasty opens the justice system of the division of interrogation and prosecution in modern China and keeps on developing into maturity after experiencing the polishment of the Early Years of the Republic of China until the period of Nanjing National Government. Its maturity not only shows the reference and perfection of the legal experience in the Late Qing Dynasty and the Early Years of the Republic of China, but also reflects the importance of the judicial system that the government shows during the period of Nanjing National Government, which seems particularly important in the study of the relationships between interrogation and prosecution in this period.The relationships between interrogation and prosecution during the period of Nanjing National Government study the relations including the institution of, the authority of interrogation and prosecution and the operation of the power of interrogation and prosecution. In the aspects of organization structuring, many reforms have been made by Nanjing National Government. Firstly, it changes the system of the division of interrogation and prosecution in the Late Qing Dynasty and the Early Years of the Republic of China into prosecutor configuration system that abolishes procuratorial organs and allocates prosecutor configuration in the interior of the court. Later, because of the need of balancing the relationships between interrogation and prosecution, the procuratorial organs restores in the Supreme Court and the Prosecutor’s Office in the Supreme Court establishes. There is no doubt that these changes are the reforms reconciling the relationships between interrogation and prosecution.In the authority of interrogation and prosecution, the authority of the prosecutor further grows and becomes independent of the judicial power in the period of Nanjing National Government. The division of labor, cooperation, mutual restriction and the supervision relationship between the procuratorial power and the judicial power exist between the judicial authority and the authority of the prosecutor. The relations of the division of labor guarantee the judicial justice and the people’s rights, which incorporate investigation power and executive power belonging to jurisdiction power before into a new class of power------procuratorial power. In order to carry on the lawsuit the cooperation relation conducts after the division of labor in power. The relation of mutual restriction is based on the division of power and incorporate one power into two powers.When the powers of the interrogation and prosecution exercise legally, it will inevitably restrict the exercise of power to each other. The supervision relationship between the procuratorial power and the judicial power reflects in the power of pretrial supervision, power of appeal, power to start the retrial and the the special power of appeal that the law gives.In the operation of judicial power and procuratorial power, the relationships between the interrogation and prosecution in the period of Nanjing National Government shows on the aspects of mutual cooperation, mutual restriction and the supervision relationship between the procuratorial power and the judicial power etc. Legally, the authority of interrogation and prosecution has to cooperate with each other. In reality, however, the degree of coordination is always difficult to control. Excessive coordination is detrimental to the judicial justice and deficient coordination may lead to the result that judicial trial can be difficult to carry out. In the process of mutual restriction, it is also easy to arise problems of insufficient control and abuse of authority. In supervision, the problem of ineffective supervision also arises. The main reason is that the court’s executive power is exercised by the president of the court, however, the procuratorial power is subject to the judicial power in the power of human resource management, judicial funds and other aspects.Because the history is scalable, we have to study on the ancient lessons about the study of examining the relationships between interrogation and prosecution in the period of Nanjing National Government. In the process of improving and reconstructing the judicial reform of our country, the modern society has gotten the lessons of the relationships between interrogation and prosecution from both positive and negative sides in the period of Nanjing National Government. In legislation, the degrees of institutionalized regulations and legalization are very high in judicial system of the relationships between interrogation and prosecution in the period of the national government. In specific organization struction, the abolition of procuratorial organs, in theory, retains the prosecutor and supervisory authority and exercises its authiority leaglly and independently. However, if the procuratorial power does not own an independent organ, its power will decrease greatly and its foreign powers will also be reduced greatly.