National Government Judicial Yuan Dynasty

The National Government抯 Judicial Department is the important art of The National Government. Which was found in November 1928, and ended in May 1948. It is the highest judicial-making body of the National Government.The law is the reflection of the ruling class抯 idea and the mirror of human relations in society, and the implement to solve an sorts of contradictions. The law抯 improvement embody the society抯 improvement. The judicial rule is very important to maintain the law抯 practice. On the other hand, to study the National Government抯 Judicial Department can be useful to under-stand Taiwan~s judicial rule and our construction of judicial rule.In this article, the writer elucidate the historic reason of the Judicial Department from three points: theory reason, practical reason, law reason. In elucidating the operating of Judicial Department, the writer discussed it into three periods: the founding of the National Government period, the political tutelage period and the period of execution of constitution. The writer think that the Judicial Department have the active affect and the negative affect.The article is based upon ample historical material and Marxism philosophy, historiography, the science of law, the science of politics and make better use of other抯 research. As the same time ,the article put forward some organic views.The article think that the Judicial Department made the Chinese judicial rule modernization in some degree. But because of the affect of traditional culture and the National Government抯 own reason, the Judicial Department couldn抰 play a still greater role. As the same time, the Judicial Department only be viewed as the tool of the Kuomintang.