Research Of Problem Of Judicial Independence In The Period Of Nanjing National Government

Exercise of the judicial and administrative doesn‘t distinguish in Chinese tradition and judicial power is in charge of by administrative organs for a long time. Judicial organs shall exercise judicial powers independently with respect to the basic principles of the current human civilization society, and also a judicial independent system of the main content. Independent trial system in China originated in the late Qing dynasty, during the decades of evolution of the republic of China, both theories and principles of trial independence system call hapless. In this period of the historical process of continuity, the Nanjing National Government plays a quite important role. This article will combine the period of the legal theory with judicial practice, in typical cases as examples, through the typical cases in detail, supporting the arguments of this article and providing certain reference for people to deepen understanding of the Nanjing National Government period of trial independence.Besides introduction and conclusion, this article mainly divides into four parts.The first part simply introduces the status of jurisdiction of the "five-power constitution" theory and the history of jurisdiction independence, etc, by this goal that the Kuomintang controlled jurisdiction in order to achieve control of the society, to realize "the party rule", overall judicial independence is difficult to implement.The second part mainly analyzes the Nanjing National Government period of judicial organizations and their mutual relations, the regulation of the judge system and constraints. This part discusses the court system during this period the strict hierarchy system of vertical management system, and the judge of many constraints, indicating that the court level independence and judge individual independence was just a dream.The third part starts from the operation of trial independence of Nanjing National Government period, elaborating the mechanism of the judgment, trial procedures and operations to ensure, in order to realize the difficulties of trial independence from the view of the court actually running.The fourth part through three typical cases of Nanjing National Government period, combining with the period of the relevant laws and regulations, stating the main factors restricting the Nanjing National Government period of trial independence.