Analysis Of Yang Zhao Long Judicial Reform Thoughts

Yang Zhaolong,(1904-1979), Jiangsu Jintan, China contemporary known at home andabroad famous jurist, familiarity with the language, had been the Hague Academy ofinternational law50in the world one of the distinguished jurist. Academic works related todemocracy, rule of law, judicial reform in many areas." Judicial reform should pay attentionto the basic issues of sound"," to reform the current appeal system the discussion of"," on thethree examination system abolition or reform"," China’s judicial system current situation andthe problems of" is his major works on judicial reform.The late Qing Dynasty, western" separation of the three powers" ideas and to recoverjudicial sovereignty demand, with the reform movement of1898is a mark, China opened thejudicial reform is prelusive. To the Nanjing provisional government was established, thejudicial independence principle into law, the modern Chinese judicial reform has opened anew chapter. After40years, although the war-torn suffering, the poor problem, but modernChinese judicial reform has always been seeking a development opportunity. The modernChinese legal person also with its strong will and perseverance of the spirit, for the modernChinese judicial reform progress to become an author.The article is with Yang Zhaolong in the period of Republic of China published the mainlaw as a foundation, with its judicial reform from the perspective of Yang Zhaolong thought,the judicial reform thought. It consists of introduction, text and conclusion of three parts.Theintroduction part aims to illustrate the researching value, academic research and theinnovation of this problem. Body part is the full text of the main part, consists of three parts:The first part aims to elucidate the Yang Zhaolong judicial reform thought formationfoundation. This article first to Yang Zhaolong judicial reform the social background of thepreliminary analysis, so as to more fully understand Yang Zhaolong’s judicial reform thought.Secondly, this paper analyzes the judicial reform the philosophy foundation of the thought ofYang Zhaolong and Pound sociological jurisprudence thought on Yang Zhaolong judicialreform thought influence, these effects on Yang Zhaolong’s judicial reform thought and evenYang Zhaolong the whole law thought played a positive role in promoting.The second part from five aspects this paper discusses the main content of the thought ofYang Zhaolong judicial reform, had elected Yang Zhaolong once presented four judicial reform proposals, analysis of its significance. Based on the combination of macro and microway on Yang Zhaolong’s judicial reform thought is discussed." Cancel the justice and scienceand judicial office, to judge presiding justice" judicial reform thought, from the justice andscience and judicial malpractice embarks, clarify the historical legacy of the referee system onindependence of judicature ’s destructiveness and social order disturb, then Yang Zhaolong putforward to establish independent local branch, and in order to judge instead of justice andjudicial independence, resulting in the scheme." Add the high court or branch, and accordingto the conditions of line circuit system" is Yang Zhaolong in the light of our country judicialresources, vast territory, the inconvenience of traffic situation in court, set theory. To solve thepeople tired of first instance, to maximize meet the needs of people’s justice." Promotion ofsmall scale civil court" was also Yang Zhaolong in inspect our country national condition putforward after further solve the people’s minor civil dispute theory, compared with the circuitcourt, its biggest characteristic is more flexible." Reform of the current administrative appealsystem" is Yang Zhaolong on Reform of the existing administrative review and administrativelitigation idea, a series of this theory, is conducive to maintaining the people’s right toadministrative litigation, dissolve the official and people complaining." Opposed to theabolition of three level three trial", is Yang Zhaolong the academic circles to advocate theabolition of three at three levels is critical, he thinks the three at three levels is necessary, andpresented at the trial on the three level three examination system reform." Yang Zhaolong onjudicial reform several proposals" is Yang Zhaolong1947November meeting of the Nanjingnational government before the national administration of justice presented at the meeting, theproposal of the central ideas aimed at improving the legal system to protect civil rights.The third part of the article is pair of Yang Zhaolong thought of judicial reform. A seriesof judicial reform thought that China on the western advanced theory should be based onnational conditions of China, contained in the thought of some judicial system design for theprinciple of judicial independence practice offers theory foundation, and can effectivelyprevent judicial corruption. At the same time, the contemporary judicial work, maintainjudicial integrity has a certain significance.