Reviews Of The Concurrent Judicial Institution In The Republic Of China

In the early of the republic of China, the inheritance of the Qing dynasty legal reform,and in the democratic republic, under the guidance of the concept of judicialindependence principle into the deep. The power of the grassroots social pattern,however, is still higher than all, executive power and show the tenacious vitality,jurisdiction become subservient to the executive power. Therefore, judicial reform inthe regime of resistance is the biggest of all. From the early implementation of theadministrative judicial separation ShenJian hall to the primary trial, and then toShenJian, county governor and the justice, judicial bureau and the judicial system,always walk in the development of a difficult road. And manage the judicial system isa judicial reform in regime at the county level shall, during the period of the republicof China for the independence of the judicature the biggest variable. It is a temporarymeasure, but throughout the republic of China; System design is an expedientmeasure, but it is the most representative in the field of modern judicial reformpractice of returning to tradition. According to the analysis of judicial system duringthe period of the republic of China and the principle, will be able to better understandhow the concept of judicial independence on the level of grassroots regime wasassimilated to reality and tradition, also can help us more in-depth thinking of judicialreform and the modernization of China.The first part, from the three angles is introduced and the theory background of thejudicial system, the first is first introduced the characteristics of the Chinesetraditional judicial, the traditional Chinese justice is the object of judicial reform, theChinese traditional society is the carrier of the whole judicial system. Followed by abrief review of the origin and development of judicial independence and judicialindependence in the introduction and development of China. Again, introduction ofjudicial reform in the late qing dynasty, the qing dynasty tangible legal constructionled directly to the existence of god and the judicial system of rebirth. The last is introduced and the establishment of the system of judicial process.The second part, give priority to with time clues, according to the different periods ofsystem configuration, respectively introduces and analyzes each stage of the judicialsystem, especially emphasizes the typicality of county governor and manage the legalsystem. ShenJian is a short transition, from two aspects of organization form andprocedure, then comprehensive county governor and the principle of the mostrepresentative with the judicial system, in order to grasp the pulse of the judicialsystem and manage. Because the county governor of obvious drawbacks, thegovernment has to adjust to improve, then have the next introduced the judicial officeand county judicial system.The third part, the comprehensive evaluation and the legal system, on the one handmust be an era of the existence of the judicial system value, on the other hand alsocriticized its departure from and related to the independence of the judicature badsocial influence. Finally, the reflection in the process of judicial reform why willappear this kind of bow to reality, designs for the traditional system of compromise.