A Study On The System Of Administrative Trial During The Period Of Nanjing National Government

Before the outbreak of the 1911 Revolution, China is a feudal and autocratic country. The emperor controlled the supreme power and had the sublime authority.Neither exist the notion of popular sovereinty nor exist the political practice of seperation of powers and checks and balances. If we compare the system of administrative litigation to the crown of procedural law, that the system of administrative trial is a shining pearl in the crown. Although the Study on the system of administrative trial has achieved some accomplishments, nobody has made a comprehensive and systematic research on the trial system of administrative court during the period of Nanjing National Government. So we can make a further study on the trial system of administrative court during the period of Nanjing National Government. This paper introduce the introduction and development about the system of administrative trial in our country as the starting point and Focus on the trial mechanism of Administrative Court during the period of Nanjing National Government from building cases, trial and judgment. At the same time the author choose the representative case and the gist of the case in order to investigate Administrative Court’s trial practice exhaustively which is based on The collection of Administrative Court’s Precedents, The precedents’ Gist of the Administrative Courtand other related historical documents materials. Concretely speaking, the whole paper is elaborated in five parts except the forewords and closing remarks:The first part: The establishment of administrative trial system in modern age China. This part introduce the establishment of administrative court and enacting the Law of Executive Accusation as the starting point to clarify the development history of our country’s administrative trial system which originated in Qing Dynasty.The Second part: the system of Filing in administrative proceedings during the period of Nanjing National Government. This part hackles the system of Filing in administrative proceedings during the period of Nanjing National Government which includes summary about the acceptance of the administrative case, the scope of cases which should be accepted by Administrative Court, investigation before the administrative case accepted and reply after the administrative case accepted completely.The Third part: the system of trial in administrative proceedings during the period of Nanjing National Government. This part analyses the system of trial in administrative proceedings during the period of Nanjing National Government which includes the principle of hearing the administrative case, avoiding system during the period of hearing the administrative case and identifying the evidences during the period of hearing the administrative case carefully.The Fourth part: the system of judgment in administrative proceedings during the period of Nanjing National Government. This part makes a deep research on the mold of administrative judgment, implementation of administrative judgment and almsgiving of administrative judgment.The fifth part: the value and rethink of administrative trial system during the period of Nanjing National Government. This part evaluates administrative trial system during the period of Nanjing National Government which includes the positive and negative side objectively.