Study On The Wartime Reform Of The Supreme Court Of Nanjing National Government

This paper aims to conclude and rethink the valuable experiences and profoundhistorical lessons through the examination of the reforms of the Supreme Court in thewartime.Introduction elaborates on the value of relevant academic researches and thepresent research. Specifically, the Introduction systematically and practically describesthe reform of the Supreme Court in the wartime, of which the method of dividingchambers by the Supreme Court paves the ways for the jurisdiction localization, so asto rethink the influence of politics on the reform of the Supreme Court in the wartimeand the influence of the problem of jurisdiction governed by the Party on judicialindependence. This paper resorts to the materialism methodology and the statisticalmethods.In the first part, this paper analyzes the difficulties of judicial affaires of theSupreme Court in the wartime under the political background of “jurisdiction governedby the Party” that is deployed by the Kuomintang during the Anti-Japanese war andnational reconstruction period. Firstly, the areas that are isolate from the centralauthorities can not carry out judicial trials; secondly, because a lot of wartime decreesare promulgated during the Anti-Japanese war that quite a number of disputes arecaused in execution, and the decrees cannot be implemented effectively in the areasthat are isolate from the central authorities; thirdly, owing to the serious inflation, thecriterion of the subject of civil trials must be redefined; fourthly, the cases tried by theSupreme Court are too much under the great pressure; and fifthly, the influences of“the jurisdiction governed by the Party” on judicial independence of the SupremeCourt.In the second part, this paper presents the reforms that made by the SupremeCourt during the Anti-Japanese war and some disputes on them. The first one is thereform of institutions, which mainly refers to the local chamber set up by the SupremeCourt; the second is the reform of the right to interpret the decrees uniformly; the thirdis the disputes on the reserving or abolishing of the third trial; and the fourth is the reform of the subject of civil actions of the third trial.In the third part, the researcher holds the view that any academic research shouldlay stress on study for the purpose of application based on the doctrine of achievementin the wartime that will benefit future generations. In the modern society, the SupremeCourt is regarded as an important judicial institution, only we take the modern methodto study the Supreme Court in the wartime can better interpret the values andsignificance of the researches for China’s judicial history and the Supreme Court ofChina. In this part, the researcher probes into the valuable experiences and lessons onChina’s judicial history by the reform of the Supreme Court in the wartime. Firstly, thispart discusses the historical edificatory of restricting jurisdiction localization as well ashistorical lessons of restricting jurisdiction localization overseas, and finally comes tothe conclusion that central authorities should pay attention to the direct management ofcourt system in all aspects such as human, money, and material. Secondly, the problemof jurisdiction governed by the Party in the wartime warned us, emphasizing that theParty principle cannot replace the law and justice, political justice cannot displacejudicial justice, and judges should be judicial neutrality, and attaching importance tothe fact that only the jurisdiction that is not governed by the Party is the guarantee ofjudicial independence. Thirdly, the enlightenment on China’s trial system aroused fromthe disputes on the reserving or abolishing of the third trial of the Supreme Court in thewartime. Fourthly, the domestic “dynamic judicial theory” in the wartime is offundamental defects. Reviewing the reform of the Supreme Court in the wartime, it isrevealed that the reform is of distinct political impact. Finally, this paper criticizes thestrong political tendency of the reform of the Supreme Court, emphasizing the judicialreform should not start from politics logically.