Party Dominance Over Judiciary Of National Government During Resistance Period

After the beiyang period, Judicial independence has become the consensus of the Dharma Realm, Nanjing National Government also established expressly for this initially.However, under the dual track of party and government,Tensions between Grassroots party headquarters with judicial and the contradiction for Party govern from judges make judicial aways drifted away from government control,the voice that advocate party dominance over judiciary gradually increased.after918,nationalist sentiment’s upsurge stimulate the demand for nationalization of judicature,which evolved into the demand for ism of judicature.After a series of personnel changes,people who advocate party dominance over judiciary take over judicial hospital,a partisan control of the judiciary became the guiding principle of judicial,which is unfolded next.The people wo advocate party dominance over judiciary consider that the nationality and times of judicial need judicial must under the control of the party,so can adapt the requirements of ruling the country with party.Ju Zheng and his Supporters discuss some concept like judicial independence,party dominance over judiciary,party dominance over legislation and so on,prove that in a country which with three people’s principles as the highest criterion,partisan control of the legislation is not enough for party government,and party dominance over judiciary is also not contradict with judicial independence.In their opinion,partisan control of the judiciary means make the party’s spirit deep into the judiciary,let judges conscious application of Nationalist party’s principles.in addition,practice jury system,compile nominate reports with Nationalist party’s principles are also important approach for party dominance over judiciary.But, in the course of development,practice jury system and compile nominate reports with Nationalist party’s principles had no result,the first measure is select party affairs worker To participate in judicial work through exam.but than only Raise the proportion of party members in The judge team,but that also let a lot of party members who can’t certify competence as a judge enter the judge team.The second measure is train incumbent judges by stages,but this short-term training cat’t make judges have a high understanding level quickly,and after Hong Lanyou served as director,the judge training deviation from the original direction,Finally to the judicial spyism.The third measure is judicial hospital do a lot of work beyond judiciary to adapt resistance’s demand,but dong’t have nice result.Party dominance over judiciary is a failure in practice,the first reason the supporters of Party dominance over judiciary don’t have good environment to practice during a war period,next reason is CC Clique interventions make party dominance over judiciary departure original intention from the beginning,sets a tool.how ever,the deep reason for the fail of party dominance over judiciary is theory inherent contradiction,must keep judicial in dependence,and also ensure Nationalist party’s Principles’dominant,such a party dominance only can stay at the level of ideas,lack of feasibility.