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Looking Back On The Judicial Officers' Position And Welfare In The Middle Period Of The Republic Of China Under The Background Of Judicial Reform

Posted on:2019-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z XuanFull Text:PDF
GTID:2346330548458339Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the establishment of the Nanjing National Government,weak national strength,operation of judicial had lacked solid economic support.The national government gradually create a system of judicial system in the judicial construction in the inheritance of the Northern Warlords government part of the system.The government actively promotes the reorganization of the new district court,and improve the old-style justice and management model,through the independence of the jurisdiction and the specialization of the judges for the introduction of advanced management of the rule of law at the time and the specific conditions of China's coordination and integration.In this paper,the author tries to analyze the economic treatment and living conditions of the judicial officials,the process of the judicial and personnel security system of the National Government,from the creation to the gradual perfection,through the system planning of the local court of the early period of the national government,by focusing on the Jiangsu local court and procuratorate.Moreover,under the current background of deepening the reform of the judicial system,facing the same difficulties of “many cases with fewer posts”,it is hoped that there will be a three-dimensional and systematic useful reference between the existing legal inspection of the staffing system and the optimization of the allocation of judicial resources.This thesis consists of an introduction,a body of six chapters and an epilogue.The introduction introduces the reasons for the topic selection,briefly reviews the current research status,and clarifies the main research methods and other issues in this paper,in order to seek research direction and writing space.The first part of the body outlines the general situation of the court system in Jiangsu during the period of the Nanjing National Government.It also analyzes the historical data of the regional court system in Jiangsu Province,and analyzes the background data of the organizational system.The political,social and other aspects of the background,in order to have a certain understanding of its overall operating conditions.The second part mainly focuses on the practical difficulties existing in the court system of the Jiangsu region.In accordance with the concept of modern judicial institutions and the establishment of the national government at the time of the initial stage of the Nationalist Government and the legal system in Jiangsu Province,it started from civil lawsuits,criminal lawsuits,and prison management.From these concrete examples of popular lawsuits and court management,it can be seen that the court system has irregularities and other types of chaos in the face of limited financial resources.Through reviewing and summarizing these examples,we have made a small observation and analyzed the practical necessity of the Nanjing National Government's initial guarantee for the establishment of the judicial system.The third part is to introduce and analyze the system rules of the judicial protection system of the Republic of China during the initial period of the Republic of China(ie,the middle period of the Republic of China).It is maintained through many aspects such as bureaucrats,retirement funds,and pensions.The economic interests of judges are also involved in the protection of appointments and privilege guaranteed by the judges,enabling the judges of the Republic of China to be guaranteed both during their employment and after their departure.There are separate legislations concerning the bureaucratic and retirement pensions of the judicial officers,which is more suitable to the situation of the special group of judicial officers.The fourth part is concerned with the actual existence of a large number of powers in the judicial and administrative organs during the Nanjing National Government.In past related studies,the autonomy income outside this part of the financial allocation was basically a penalty,or it was directly negatively regarded.This article sets chapters specifically,and through the review of the judicial income rules of the Republic of China in combination with existing historical data,the By comparing the powers of other administrative agencies,it is more objective to analyze the actual utilization of judicial income.The fifth part is a comprehensive analysis of the characteristics of the treatment of judicial officers during the Nanjing National Government.In particular,the National Government has explored the establishment of a separate rank and salary system for judicial officers.The remuneration of judges is linked to the corresponding civil service classification of judicial officers.Administrative duties are not directly related.The initial realization of the judicial officer's professional ability and seniority promotion model gives the judicial officer a practical meaning.The final conclusion is a high-level summary of the above.
Keywords/Search Tags:Earlier Stage of Nanjing National Government, Judicial officer, Treatment and protection
PDF Full Text Request
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