Study On The Judicial Reform Movement In The Early Days Of New China

Modern transformation of Legal System in China had gone through two different paths. Actual effectiveness from the point of view, a path is a top-down emphasis on transplant from the formal concept of modern Western legal system, after the reconstruction of laws in the late Qing dynasty and the construction of the government of the Republic (Including the Nanjing Provisional Government, the Government of the Northern Warlords and the Nanjing National Government) The reconstruction of laws in the late Qing dynasty is the starting point of the traditional Chinese legal transformation. The late Qing government was forced to reform the judiciary by the internal and external situation at that time, in order to "national salvation self-protective ", expanded passive, hasty and short-term repair legal activities, After the reconstruction of laws in the late Qing dynasty, the ancient Chinese continuation of the thousands of years of administrative and judicial combination, criminal and civil regardless of the judicial system ended. After the completion of the Nanjing National Government "Six law Book", basically formed a judicial system that is broadly in line with modern international community justice system. But finally disappeared with the victory of the Communist Party of China armed revolution. The other path is the bottom-up emphasis on the construction of the Chinese legal system from the essence, content, after the base period of revolutionary rule of law and the judicial reform movement in the early days of the PRC, and finally the establishment of the people’s justice system.Before and after the founding of the PRC, the legal construction practice is to destroy the old legal system, to create a new legal system. First, the abolition of the "Six Law Book"by the National Party built, announced that New China’s judicial work should apply the principles of justice, to solve the problem of the" by what kind of legal ". Then addressed the problem of "applicable law by what kind of person."The law is insufficient since migration", solving this problem is extremely important to the administration of justice.In the early days of the PRC, the new regime in order to reduce the social turmoil, in order to solve the problem of shortage of judicial officers, to retain and recruit many of the old judicial officers. From the situation of the ruling party, the old judicial officers under the influence of the so-called "old law perspective", the judiciary is "very passive" in a series of political movements, not well with the various political movements, not well serving the needs of the central work of the Party and the state, failed to play the role of the dictatorship of the enemy "arms child",failed to effectively consolidate the state power of the people’s democratic dictatorship. At the same time, the judicial officers,especially the old judicial officers indeed had some judicial corrupt elements,which making the ruling party’s prestige bad among the people. Therefore, the ruling party thought that the judicial power was controlled by the "unreliable", in the judicial organ of the people there are serious political, organizational and ideological style impure. Then the ruling party launched a large-scale mass political judicial reform movement to criticize the old law point of view and to reform the judiciary. Through the ideological transformation of the judicial officers and the thoroughly organization rectification of the judiciary, the ruling party had basically achieved the purpose:purified the people’s judiciary, established the concept of people’s justice, established the people’s justice system.From the hands of the old so-called "judicial officers",the ruling party recaptured the power of the trial to consolidate the people’s democratic dictatorship. In the judicial reform movement,the revolutionary rule of law was inherited and carried forward,and achieved dominance in the country,The formation of three important features of the new Chinese justice (ie, political and legal unity, justice non-professional, the mass line) made a far-reaching historical impact to build a modern rule of law in China. In particular, it interrupted the normal process of the modern rule of law in China,the negative effect it brought to the construction of the modern rule of law in China could’nt be underestimated. In this thesis, in line with the attitude of historical materialism, using the philological research methods, divided into six chapters to research the judicial reform movement of the early days of the PRC. Looking back at the lessons of history, and promoting the legal construction in contemporary China.