Protection Of Human Rights In The Judicial Reform In The Early Republic (1912-1927)

The Republic of Nanjing provisional government in Chinese history is only a bourgeoisdemocratic government. The beginning of the establishment of the Nanjing ProvisionalGovernment attaches great importance to the protection of human rights, and attaches greatimportance to the protection of human rights in the judicial field. Nanjing provisionalgovernment for a long time Chinese feudal justice, human rights are not to protect thehistorical conditions and the drawbacks of the late Qing Dynasty in the judicial system, tocomply with the requirements of the trend of the times and people, to carry out a protection ofhuman rights, judicial reform movement. Followed by the Republic of China during theBeijing government, judicial reform, judicial reform, human rights protection has been acertain degree of attention to develop new human rights safeguards. Looking back at history,the Revolution so far have been a hundred years, and how to protect the full and realprotection of human rights in the judicial manipulation is still a long way to go subject.Therefore, this paper on the protection of human rights in the judicial reform of the earlyRepublic of. Look back at history at the same time, expectations of Pi in today’s legal systemconstructionThe full text is by the introduction, body and conclusion. Introduction part describes theresearch value of the subject, Research, and research methods. The text is divided into threeparts, the main part of the article.The first part explores the early history of judicial reform and protection of human rightsof the Republic of motivation, the reality factor and the ideological roots. Republic of Chinahad experienced a history of2,000years of feudal autocracy. Traditional feudal justice system,there is no awareness of the protection of human rights, the protection of human rightsmeasures, and thus the basic human rights of the parties in the judicial can not be guaranteed.With the introduction of protection of human rights ideas of Western and bourgeois, andsocial transformation in modern times, the intellectual involute, the judicial protection ofhuman rights is increasingly important. Qing Criminal Civil Procedure Law Bills introducedin the late Qing legal system changes "is the history of China, the first time in the form of lawto confirm the litigation rights of the parties. However, due to the social nature of thesemi-feudal and feudal governmental nature of the Manchu government, the legal documents on paper, did not able to implement. The phenomenon of human rights can not be guaranteedin the late Qing justice everywhere. Revolution after the establishment of the Republic ofChina, Nanjing provisional government in Chinese history, only a bourgeois democraticgovernment, in its inception that the establishment of the country under the rule of law inmind, at the same time attaches great importance to the protection of human rights, judicialprotection of human rights the protection of human rights a top priority. Republic of China’sjudicial reform around the protection of human rights. Subsequent period of the NorthernGovernment, although the central government warlords dominated specifically involved inthe legal practice of many people hope that China will be able to embark on the road of therule of law, justice reform have been put forward some protection of human rights.The body of the second part discusses the main content of the protection of human rightsin the judicial reform in the early Republic. The early Republic of China, Nanjing ProvisionalGovernment and the Northern Government for the protection of human rights, judicial reformactivities, including: the legal form of the principle of judicial independence and judicialbodies; regulate the judicial process; implementation of counsel system; pilot open trialsystem the jury system; prohibit the torture of corporal punishment; prohibit the unlawfularrest, detention and so on. This series of reforms for the protection of human rights in thejudicial landmark.The third part of the body of the judicial reform in the main analysis of the Republic ofthe early effectiveness of the protection of human rights and inadequate. From the overallpoint of view, the judicial reforms of the early Republic has made some achievements,strengthening the protection of human rights, the protection of human rights in China’sjudicial history of the past and the role of many reform-minded and reform measures that wecan learn from. However, due to China’s traditional social attitudes, weak economicfoundation, and the volatile political and other reasons, but also makes the reform, there aresome deficiencies, such as the chief reason the existence of the judicial system, warlordsinterference in the administration of justice, have seriously undermined the judicial theprinciple of independence is not conducive to the protection of human rights.