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Judicial Restoration Of Hubei Province After The Anti-japanese War

Posted on:2018-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:X P ZhangFull Text:PDF
GTID:2405330518477450Subject:China's modern history
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During the period of Beijing national government, the judiciary was relatively professional and procedural, and the judicial system had four levels of the three trial system. During the period of the Wuhan national government, affected by the revolution and Soviet factors, the judicial system was more radical.Especially when setting up some special courts, the judicial system came into chaos ,and free sentencing phenomenon was emerging. With the establishment of Nanjing national government, the judicial system had returned to normal. Before 1935 the national government of Nanjing implemented four trial system, after 1935 it carried out the three levels of the three trial system. Before Anti-Japanese War, the judiciary of some counties was changed to the local court. In late October 1938, the fall of Wuhan, the high court of Hubei following the Hubei provincial government moved to Enshi, and later moved to Xiaoguan,Xuanen County. In the eastern part of Hubei which was occupied by Japenese , the high court of Hubei set up the first,second and third Circuit Districts, while the local court was revoked in the enemy occupied areas, and county magistrates governed the judicial affairs. At the same time,the high court of Hubei set up a group of local courts in the rear area. Due to the restriction of various factors,the wartime circuit trial did not play its due role.Before the war of resistance against Japan, the Hubei High Court made a detailed recovery plan. After the war, the Hubei Supreme Court moved from Xiaoguan, Xuanen County back to Wuchang , and organized the receiving works of the high court of Hubei,Hankou and Wuchang Court and houses of detention. Other judicial offices that stopped during the war or moved to rural areas were recovered. All the judiciary in Hubei was restored in June 1946. During the period, courts ,country judicial departments and prisons, houses of detention was repaired.In the post-war the repair work of the judiciary was impacted by currency inflation. In order to deal with the situation of judicial personnel shortage ,the Nanjing national government carried out some judicial personnel reserve plans, one of which is the judicial examination held in 1946 , and Wuchang was one of the judicial examination places.After passing through exam judicial persons was assigned to the judiciary all over the country. At the same time, the judicial training class was set up to train the judicial persons. After the war, the courts at all levels in Hubei launched a trial of the traitors, a small number of traitors was severely punished, the majority of traitors was freed. Especially the trial of the judicial traitors Rao Guangrong which was filled with dramas.The national government of Nanjing dealed with the traitor's property cautiously. The end of the war, the Hubei judicial authorities resumed their works. The number of civil and criminal cases increased largely , especially civil cases. In short, the recovery of post-war Hubei judicial institutions made certain achievements. At the same time, due to the influence of currency inflation and civil war,the restoration work of Hubei courts was also affected.
Keywords/Search Tags:the high court of Hubei, restoration, judicial institutions, judicial persons
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