Early Of The Republic Of Zhili Justice Studies(1912-1928)

Since the modern Chinese society has undergone unprecedented change, in this process, the rule of law from the Western bourgeois ideology and traditional Chinese legal culture produces intense friction, which is reflected especially in the judicial level. Late Qing Dynasty to the Qing court, "constitutionalism" under the banner of the central and local promoted the construction and improvement of the administration of justice, but because it has never been able to get rid of the shackles of the feudal system, and ultimately to the fate of failure. Republic of China to further judicial construction and improvement did not stop, that is the main focus of this article is representative of the early Republic of China Zhili local judicial start on the construction and improvement to traditional justice Zhili transition to a breakthrough study, combined with the social situation and in-depth analysis of various causes difficulties caused by their appearance in the actual process of transformation, then discusses the need for judicial construction and improvement of Zhili and significance. On this basis, which summarize the experience and lessons for the study of the transformation of traditional justice and social development to provide useful help.Thesis is divided into five main sections. The first part, a brief description of the background of judicial Zhili, Zhili revealed to the modern transformation of traditional justice, was started by the Late Qing Dynasty to the early Republic of China, although some aspects of the social environment has improved, but the situation eventually hinder warlord judicial construction and the pace of improvement. The second part describes the construction of the actual situation in the Early Republican Judiciary Zhili, which focuses on the building of the Ministry of Justice guidance Zhili important role of the judiciary and significance, but also focuses on the analysis of the Judiciary construction funds shortage problem by This results judicial construction funds shortage is an important reason for obstruction of justice conclusions. The third part, the front part of the introduction of new infrastructure related to the construction of the Judiciary on the part of the people mainly around the practice of criminal proceedings commenced full use of relevant statistical material, showing the kind of criminal civil litigation case, and concluded with the execution. The fourth part, the exhibit reveals the judicial practice of the drawbacks, while as comprehensive as possible to show the improvement of judicial Zhili specific circumstances, mainly around the traditional trial mode, improved Prefecture Concurrent administration of justice, lawyers, prisons and other aspects of the Expand the discussion. Part V summarizes the Early Republic Zhili judicial construction and improvements made achievements and shortcomings, and to investigate the cause of insufficient reasons, including political instability under the rule of warlords, judicial funding shortages, lack of personnel and other aspects of the judiciary.