The Study On Pingzheng Courtyard Of Northern Warlords Governmenet

The ruling period of Northern Warlords Government is the darkest one in Chinese history, when the warlords fought with each other. At that time, China was subjected to internal and external great changes, and its political situation was shaky and unstable. Meanwhile, it was also a stage when the legal innovation was profoundly reformed following the legal reform of the late Qing Dynasty. The traditional legal institution integrated and collided with the transplanted occidental law. At that period, the administrative litigation system was finally founded and developed. Pingzheng courtyard, the specialized administrative litigation authority, featured a lot in that unique social background and political environment. It became the first administrative and judicial institution established in the first years of the Republic of China. Pingzheng courtyard was founded in 1914 and collapsed in 1928. Due to the limitation of historical era, it existed for only 15 years. However, its worth should not be ignored. It made great contributions to the succeeding NanJing Government and the development of administrative litigation in modern times. It was its system design and the first trial court of the officials and the public that made a tremendous impact on that sealed-in society. It is worth mentioning that it had great influence on traditional Chinese legal system in the aspect of new legal concept, more than the verdict acted on the individuals. Pingzheng courtyard played a great role in promoting modernization of Chinese legal system.The article is divided into five parts. The specific characteristic of the present article is to emphasize the system research in the background of late Qing Dynasty and early Republic of China. In the present article, the establishment of Pingzheng courtyard is drawn out through the analysis of social surroundings and the reform in the late Qing Dynasty. Then its establishment and running are analyzed on the macro-institutional level. Furthermore, there is a dissection on the features of this legal system, its integration with the society at that time and the influence on the later administrative litigation institution after its extinction. The author of the present article also explores the relationship between legal transplant and native resources, and objectively summarizes its innovation value and the basic defect of its abortion. Through all of these thorough researches, the author is in the hope of giving some help to the development of contemporary legal construction, especially to the reform of justice and the administrative litigation pattern.