"The Study About Yang Yinhang’s Judicial Practice

Yang Yinhang, whose writingname is Lao Pu,was born in 1878 in Wu Xi,died in 1945 in Su Zhou, he had studied in Japan and American.During his study in Japan, he participated in the publication of Yi Shu Hui Bian and translated a large number of western political classics,actively promoting the western bourgeois democracy and freedom. On the other hand he also joined the creation of the international students group Li Zhihui. In 1906,Yang Yinhang was arrested by The Qing government due to his propaganda about revolutionary ideas, so he went to American via Japan and completed his master’s degree at the University of Pennsylvania. During the study in American,he changed his radical views. In a word,Yang Yinhang’s concept about the rule of law became matured. In 1913, Yang Yin Hang served as Director of the Office of Jiangsu Province Superior Court. Affected by the US judicial supremacy prejudice, He replaced all judges in the Shanghai local courtroom, led to the reorganization of the storm. In the end, Yang Yinhang’s radical reshuffle was reprimanded by many officers, including chief justice Xu Shiying.In 1915, Yang Yin Hang was transferred to the Capital High Prosecutor’s Office Attorney. In 1917, the case about the Tientsin-Pukou railway’s buying cars and renting cars was reported by Ta Kung Pao, Chinese Times and Shun Pao, Xu Shiying was also involved. Along with the disputes of public opinion,Congress, the Cabinet, the judiciary, etc. have been involved in the case,too. Because Yang Yin Hang subpoena Xu Shiying, the case became more complex. Political struggle was very complicated in the beginning of the Republic of China. When the conflcits between President Li Yuanhong and Prime Minister Duan Qirui became more and more fierce, Xu Shiying as an important figure in the Cabinet, his case would have broad implications. Attorney Yang Yinhang and Prosecutors Zhang Rulin were suspended investigation. Yang Yinhang’s confidence in the judicial construction was affected, so he resigned and went back to south in 1919. During his writing experience of Shun Pao, he writed a large of commentary, editorial articles, observant, insightful, sharp-tongued. In the current confusing situation, the rule of law was undermined and ethics also turpituded. Yang Yin Hang’s despair about the Construction of law was revealed in his article. He didn’t care about the current political situation any longer after he resigned from Shun Pao,Concentrating in the being a lawer.