Look At Criminal Litigation System In Our Country Of The Period Of The Republic Of China From The Longquan Judicial Archives

Spring the judicial archives consists of seventeen thousand three hundred and thirty-three volumes, a total of about one million words. Since the time of Xianfeng eight years (in1858) to start, in thirty-eight years (1949), the actual litigation cases recorded more than twenty thousand. This batch file relates to criminal judicial, civil cases and other disputes in the process of all kinds of litigation documents, including numerous., an immense number of books. Not only reflects to a large extent in the late Qing Dynasty to the new China established before, the complete process of our legal system and the local judicial practice from the traditional to the modern transformation, but also vividly show the individual in modern southern Zhejiang social structure, economic form, family and marriage, such as the concept of people actual state, covering almost all aspects of general people’s life. No doubt, Longquan judicial archives is another major discovery history in the justice of archives, which greatly improve our country’s at the end of the Qing Dynasty local trial data is scarce in this gap, is the domestic found so far in the period of the Republic of China, to preserve the integrity of the biggest local judicial archives, both on an unprecedented scale in the system of or the richness. Then based on a thorough research on the Longquan judicial archives, comprehensively has carried on the review, on this basis, focus on mining the value of law, displayed through specific case will be the period of the Republic of China criminal litigation characteristics, and further from the two aspects of legislation and practice, points out the construction of contemporary criminal justice system in China can be used for reference.This text is divided into three parts:In the first part is the review of the Longquan judicial archives. This part of this paper made a comprehensive introduction to the Longquan judicial records:from the three aspects of judicial system framework archives preservation background and time span, the files and archives, which mainly describes all aspects of archives. Longquan judicial archives law value is inestimable. Besides provides the study on the legal system of the Republic of China period material, also reproduce the real state of the local judicial system operation during the period of Republic of China, also shows the process of the change of China’s grassroots judicial system during the period of Republic of china. The second part, China s criminal litigation in the Republic of China from the Longquan judicial archives characteristics. This part from the four aspects of the analysis. First of all, tell "Lee Yip’s allegations that Ye Shiji destroyed case", said the Republic of China legal system began to tend to be perfect, from the "criminal and civil cases is not divided into" began to "separate criminal cases and civil cases";Then, in order to "Mao Guanzhu accused Mao Huansen of prey, such as damage case", indicates that the period of the Republic of China criminal justice system tends to a rational system of performance:evidence of direct verbal have taken at the time clue;Third, to "Ye Mingliang season Xianqin injury case" for example, pointed out that our country in the period of Republic of China legal system is how to begin to pay attention to respect for and protection of human rights; and finally, to "Ye Mingliang season Xianqin injury case" for example, expounding our country criminal cases in Longquan area during the period of Republic of China to the consultation mediation, function criminal litigation tend to resolve contradictions.The third part, Longquan judicial archives enlightenment to China’s criminal legislation and judicial practice. On the aspect of legislation, this paper analyzes from two aspects rFirstly, the law of criminal procedure "to set up, modify, abolish the" should fully consider the security of national rights, and focus on improving the efficiency of lawsuit;Secondly, the effective operation of the criminal litigation system and good criminal judicial environment are inseparable, construction of our country must pay attention to good criminal judicial environment.On the aspect of judicial practice, this paper also analyzes from two aspects:First of all, our criminal judicial practice, adhere to the "equality principle", maintain the balance of both sides, respect the suspect, the defendant’s legal rights;Secondly, our criminal judicial adhere to the "harmony","dispute case to resolve a dispute" as the main goal, to further improve the system of criminal reconciliation.