Liu Yusheng Case And News Legal System Of Republic Of China

This thesis takes "Liu Yusheng case" in1933as the research object, which is a event that Kuomintang authorities brutally murdered the journalists in Zhenjiang of Jiangsu Province. Basing on sorting out a large number of historical data, the thesis tries to give the case a complete description an a detailed analysis. Through the analysis, gradually clarify and demonstrate the contradictions between the news media and the News legal system, then analyze the nature of the News legal system of the Republic of China.This thesis takes a form that a combination of History and Theory, then analyzes and discusses in two ways. On the one hand, taking the "History" as a clue, sort of the process of "Liu Yusheng case" by the proof of the history. Then explain the occurrence, development, result, effect of the event in detail. On the other hand, taking the "Theory" as a promotion, firstly describe and briefly analyze major legal documents involved in the case from the content level, then make a objective scrutiny and rational interpretation of the case itself from the legal aspect of the case.The subject of the thesis contains three parts:introduction, text and conclusion.The introduction includes the research background, status, significance and innovation.The text is divided into four chapters. The first chapter narratives the process of "Liu Yusheng case". By the case study of "Liu Yusheng case", showing the attitudes of Politicians and Business circles who involved in the case. There attitudes have a major impact on "Liu Yusheng case". The second chapter is the deep analysis of "Liu Yusheng case". Firstly interpreting the main legal regulations of the case, which mainly is publication Law as the news fundamental law and Endangering the Republic of Emergency Code as special law in the Republic of China. They play an important role in the final judgment of the case. Then reproducing the judgment process of the case mainly based on archival material and media reports, and analyzing the main factors influencing the judgment of the case. Accordingly proposing a number of questions:The first issue is how to convict Liu Yusheng. Whether Liu Yusheng’s behavior really violates the Publishing Law or not? The second issue is the execution procedures of the case. Publishing Law stipulates that the right to dispose of prohibiting the publication or detention belongs to Ministry of Interior. Whether the governor of Jiangsu province Gu Zhutong has the right to arrest Liu Yusheng or not? Even Liu Yusheng has an offense, it should be handed over to the judiciary to trial. The administrative organization can put Liu Yusheng to death illegally? The third issue is the scope of the law. Finally, Liu Yusheng is sentenced to death on charges of violation of Republic of Emergency Code, not publication Law. But Republic of Emergency Code can only be applied in the area of bandits or during the period of martial law. As a civilian, Liu Yusheng is how to be killed due to this accusation? This questions are needed to be answered in this chapter. The third chapter discourses the impact of "Liu Yusheng case". The first is the publicly denounce of the community. After Liu Yusheng case happening, not only the media and the press issued a protest, but also the community have expressed their dissatisfaction one after another. The second is the birth of "Reporter’s Day". As the fruits of victory of journalists’ fighting for democratic rights, people celebrate their own festival. The third is the press strongly appealing for freedom of expression. The forth chapter is the evaluation for "Liu Yusheng case". This chapter is divided into two sections:The first section discusses the nature of the KMT News legal system by the analysis of Liu Yusheng case. This section is also divided into three parts:Firstly, the news party theory, which is governing the news and country by Party. Secondly, the news control theory.Thirdly, at the news business management, it is ruled by law ostensibly, but by man essentially, and the right is above the law. The second section is the reflection on the news legal construction currently.The conclusion is the sublimation and supplement.