Judicial Reforms Of The Early Republic

In the waning years of Qing Dynasty, the Opium War caused China to degenerate into the semicolonial and semifeudal society and the suffering of the whole nation henceforth starts. Saving the nation from subjugation and striving to become stronger became all Chinese's common mission. Each social class and social stratum proposed different country management plans and the reform ideas. The western big powers established the consular jurisdiction in China, which caused Chinese judicial sovereignty to suffer from serious destruction. Along with the awaking of nation-state consciousness, the understanding of the consular jurisdiction became deeper and deeper day after day. The latter Qing dynasty government and the Republic of China ruler positively developed the taking back extraterritoriality movement. The movement provided the key external condition for the judicial true independence and the benign development. Templars that appeared during this period such as Liang Qichao, Shen Jiaben, Zhang Taiyan, and Sun Yat-Sen, positively studied and disseminated the west advanced legal system, and proposed many judicial reform plans. They laid the thought foundation for judicial reform of the initial period of the Republic of China.The 1911 Revolution overthrew the feudal rule, and established the bourgeois democracy republic. The Nanjing Provisional Government and the afterwards Beiyang warlord government started an imposing judicial reform movement. The reform movement called for learning from the western nation to carry out the legislative work, reforming judicature judicial system, carrying out the separation of powers, and separating jurisdiction from the executive power. It was also necessary for them to reform the extortion of confession by torture feudal trial, implant the humanitarianism into the judicial principle, carry out the barrister system, the development law and government education, and confirm these advanced judicial reform measures by establishing the constitution. In order to safeguard the jurisdiction independence, the Beiyang warlord government had also stipulated the judicial suppression of factions system, effectively promoted the Republic of China initial period judicial reform advancement. However, because of the stipulation of the legal system and the...