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Research On Ping-Zheng-Yuan Tn The Period Of The Northern Warlords Government

Posted on:2013-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:S B LuFull Text:PDF
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After the founding of the Northern Warlords Government, the Organic Act of Ping-Zheng-Yuan was brought out on March31,1914. The law Prescribed the organizations and functions of the Ping-Zheng-Yuan. As the first Organic Act of the administrative judicial organs, Ping-Zheng-Yuan was Promulgated and implemented formally in modern China. Accordingly, Ping-Zheng-Yuan is the first special trial institution for administrative cases in China,and the modem administrative litigation system was operated in China from then on. It marks the administrative litigation and administrative laws were included in the legal system of China, and it has a creative significance for Promoting the modernization of legal system of China. Ping-Zheng-Yuan subordinated the President and which was responsible to the President directly. It’s equipped with administrative tribunals hearing the cases about administrative litigation and impeachment in the nationwide by the way of administrative trail. After the abolition of Dou-Cha-Yuan, the impeach functions of it should be incorporated into Ping-Zheng-Yuan. The Su-Zheng-Ting, which is independent of the administrative tribunals, responsible to the President directly and independently exereised the impeachment and administrative public prosecution functions,was established by Ping-Zheng-Yuan. In the special political background in the early days of Republic of China, the office of Su-Zheng-Ting was incorporated into the Ping-Zheng-Yuan, which carried the dual load with accepting administrative litigation and impeaching illegal offieial. The Ping-Zheng-Yuan set the dual functions as a whole,the essence of which was introducing the administrative litigation and administrative legislation from western countries and mixing the Chinese tradition of attaching great importance to bureaucracy in the meantime. It made Ping-Zheng-Yuan have dual functions about administrative litigation in modern times and impeachment in ancient times. Ping-Zheng-Yuan highly reflects the localized characteristics,combing the supervisory system of Chinese tradition with advanced modern western administrative litigation system and administrative supervisory system. It is necessary to study the Ping-Zheng-Yuan and learn from history. Although there are some defects such as over-constrained by the President, it also has some reasonable factors and practices in administrative litigation can be referenced by the later generations. As an attempt on establishing a new system in the early days of Republic of China, Ping-Zheng-Yuan has positive significance for the formation of administrative litigation and administrative supervisory system in the modern China.This Paper attempts to study the Ping-Zheng-Yuan in the Northern Warlords Government in the period of Republic of China more in-depth basing on the study have already done. This article uses many methods, such as comparative analysis, enumerative analysis and case analysis, to meticulous discuss the background, idea, organization and function of the Ping-Zheng-Yuan. In order to have the experience for reference, this article compared the Ping-Zheng-Yuan and modern procuratorate in all-round.
Keywords/Search Tags:Ping-Zheng-Yuan, Su-Zheng-Ting, administrativelitigation, lawcourt, procuratorate
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