A Study On Civil Cases In Jiangsu Province In The Early Years Of The Republic Of China

After the "Boxer" boxing and the invasion of the Eight-Power Allied forces,the Qing government recalled a painful experience and began to implement the New Deal,embarked on the reform of the system as the main content.In the "New Deal" at the end of Qing Dynasty,two parallel steps were taken to carry out legal reform:One is the drafting of new criminal codes and civil codes,and the other is the revision of the old code.The legal reformers promulgated the "Active Criminal Law of Qing Dynasty" not only in response to the growing number of civil cases and socio-economic changes but also the ideal pursuit that the law in accordance with the trial.Although the "Active Criminal Law of Qing Dynasty" still used the revised "criminal law" to cover civil law,but the legal reformers at this time have been considered criminal law and civil law the two separate areas.Just as they tried to draft separate codes that were adapted to civil,criminal,and the new institutional changes that were carried out at the end of the dynasty?In 1911,Shen Jiaben completed the draft of the first civil code of China.It was not promulgated in the late Qing Dynasty.However,in the early years of the Republic of China,it became the basis of a part of the civil trial.“The original framework for the punishment of civil violations basically retained,and at the same time on the heir election,separation,land transactions and pawns,marriage,debt,the main regulations almost unchanged",it is still in accordance with the negative ban and punishments to make Provisions,but fines instead of corporal punishment.The Provisional Government of the Republic of China completely separated criminal law and civil law from 1912 onwards.In Criminal law apart,the government started to implement the law "The New Provisional Criminal Law" which the late Qing Dynasty not promulgated.In civil law apart,the new government retained the civil effective part of the "Active Criminal Law of Qing Dynasty" instead of “Draft of Great Qing Dynasties” as official civil law until 1929-1930 Year.But the use of the draft law is repeatedly contained in the verdict.On the civil litigation,the official expression is such an image:(1)frequent civil proceedings,(2)the judge dealed with civil cases in the considerations of laws more than emotions.But the case file shows a slightly different image.First,the civil litigation cases are numerous,and secondly,among these litigation cases,the litigants are mostly ordinary people.Thirdly,when the judge handles civil cases,they are either more strictly in accordance with civil proceedings or in accordance with the law Judgments,but in the case of lack of law,customary law and jurisprudence has become the basis for the judge to judge.This fact is contrary to the expression of the official discourse in the early Republic of China,which caused the contradiction of civil cases.At the same time the civil trial in Jiangsu Province,there are some features that exist,for example: the process of "self-moralization" phenomenon is still continued,the expansion of the tendency of litigation has been changed by judge with unconscious,the court for the strict implementation of procedural justice eventually to the people,encouraging people to actively understand the law and extended lawyers.In the early years of the People's Republic of China,civil cases also has the following characteristics except attentions to evidence and emotions: First,the use of a variety of civil bills;Second,the strict implementation of procedural justice;Third,the powerless of enforcement after the trial.The official discourse of the early days has been emphasizing the use of the civil effective part of the “Active Criminal Law of Qing Dynasty”,as stated by the Supreme Court in the three years of the Republic of China" The present criminal law in line with the civil laws should still be considered to continue to be effective expect the difference apart with country and following laws".At the same time,the trial authorities strictly followed the principles of legal design to hear the case,highlighted the spirit of "rule of law" and embodied the seriousness of the trial according to law,and got a better response.However,in the process of civil cases in the early years of Jiangsu Province,there are still some deficiencies,as follows: First,the factors of the times.Second,the improper of relationship between legal design and trial operation.The civil cases in Jiangsu Province at the beginning of the Republic of China had distinct factors.It can be said that it is of great academic value and practical significance for the study of civil cases in the late Qing Dynasty or the Nanjing National Government,and even the study of civil cases today.