The Research About Administrative Court System Of Nanjing National Government Period

After the outbreak of the Opium War, China’s doors was opened by the western powers, and the great powers of Qing Dynasty dream was immediately burst. The war not only in force on the conquest of the Qing Dynasty, when the Qing government created unprecedented hit on the ideological and cultural. With the introduction of constitutional thought, the Chinese people were full of yearning for democracy and freedom. The unprecedented increase of the Law students and legal transplantation were introduced lots of advanced Western legal concepts and legal system for China, and China’s Process of Legal Modernization was opened.From the preparation for constitutionalism in the Late Qing dynasty to the period of "Five Right Government" in Nanjing National Government, establish the Administrative Court was became the inevitable choice for the modern Chinese administrative litigation system. On June23,1933, with the "Administrative Procedure Law" was issued, the Administrative Court was set up on the same day in charge of the national administrative litigation trial. This is a great attempt to try the Western system of administrative adjudication. The establishment of the administrative court, not only to distinguish between judicial and administrative in law, to provide a reference for the modern administrative proceedings, but also provide a relief way for the Chinese people, confirm the equal legal status between the officials and the public in the system.China’s Administrative Procedure Law was implemented on October1,1990, at the present time now, many problems exist in administrative adjudication can not help worrying. Reintroduction of the administrative court system, which is the very important issues of the reform of the administrative adjudication system, will help to get rid of the drawbacks of administrative adjudication. This paper intends to research the Administrative Court of the Nanjing National Government, through the historical background, the setting up process and the operation of court, to find a new way to establish the Administrative Court for our country.