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Analysis Of The System Of Judicial Independence Of The Republic Of China

Posted on:2004-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2206360122985133Subject:Law
Abstract/Summary:PDF Full Text Request
The theory of judicial independence originates from Montesquieu' s theory of separation of the three powers and the essential is the independence of court and jurisdiction. Ever since the American ideologists and founders put the theory applicable to practice, trail independence has been a common judicatory principle worldwide and gone into the various law documentation. Speaking of modern China, trail independence was first introduced in by intellectual pioneers as a weapon of criticism on the old feudalistic mentality and legal system. Though not well recognized and applied socially, it was considered by the monarchs in late Qing dynasty as a cure to save their ruling power and it got to be a symbol of legal reforms in the reign of ROC. From the time of the founding of the ROC Nanjing Interim government in Jan. 1912 through the annulment of Kummintang' s compendium of lows in Sept. 1949 by the Chinese Communism Party, legal reforms were all referred back to the principle, and the legal system of modern China was established within its framework; therefore trail independence was taking effect to an certain extent over a certain period of time.A system reform is initiate from the understanding of reality. With the setting up and processing of the socialistic market economics system, the run-by-the-law made a constitutional chapter, particularly the impacts of all kinds encountered after the China' s entry into WTO, trailindependence emerges from the current legal reforms and again comes into the publicity of government and civilians. This is the reality. The current situations in China differ from its modern times but even far from the western countries and systems; some are so distinct that cannot be simply to adduce. As a result nowadays in China to establish a whole system to carry out trail independence is meant to retain the extracts of traditional culture and remain the link to the history; and to borrow in good experience in international law as well as base upon particular situations of the country. Over a hundred years in China trail independence practice has been going through a long and winding way. In respect of the history, to implement trail independence, it is vital to look back to the ROC period (from Jan. 1912 to Feb. 1949) and provide a supportive reference for the legal reform arming at practicing justice.This article briefly traces to the source and development of trail independence; concludes via an analysis on its first germination, initiation, practice and evolvement in China some key factors leading to its application failure in ROC reign; and elaborates on the postulates to implement trail independence at this stage in China.
Keywords/Search Tags:ROC, judicial independence, trail independence, judicial system judge
PDF Full Text Request
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