Study On The Case Of "County Magistrate Prosecution" In Hubei Province Duiing The Republic Of China(1927-1937)

During the period of Nanjing National Government,the National Government carried out county administration reform to strengthen its control over the grassroots.However,as the highest administrative officer of the county--the county head,he committed frequent crimes and intensified conflicts with the public.A large number of cases of "county head being charged" pushed the county head group to the forefront.In order to rectify the bureaucracy,the government also encouraged the people to Sue the county magistrate to the provincial government or the civil affairs department.As Hubei province is one of the few provinces that truly obeys the Nanjing national government,the decrees and policies of the national government can be fully reflected here."County of Hubei province during this period was accused of" overall grasp and case analysis,the way of both groups,indictment of charged case investigation and analysis,complaint handling results,and combined with horizontal comparison between other provinces can better study of county of Nanjing national government period group characteristics and the actual operation of local grassroots regime.Through the county magistrate crime type and then county political affairs comparison can also be seen between the two inextricably linked.In addition,the investigation of the accused county heads can also analyze why the county heads of the Republic of China frequently involved in the case.According to this idea,in addition to the introduction,this paper is divided into the following chapters:First chapter,according to the county magistrate is accused of cases involving behind the law,from the analysis of the administrative procedure law the historical evolution of the modernization of the administrative litigation system,and the period of Nanjing National Government promulgated a series of related laws and regulations to conduct a comprehensive combing,provides the full text with a law basis of the analysis.The second chapter,studies the case of "county head charged" in Hubei province ten years before the Anti-Japanese War.It can be seen that the initiator of the indictment is not only the common people or groups,but also some squires and grassroots politicians pretending to be the people.The way to complain is more through the administrative litigation system rather than through the judicial and supervisory system.Judging from the handling result of the case,Hubei province is much more severe than other provinces.A few of them are dismissed and not dealt with as false accusations,and most of them are dealt with seriously.The time and region of the case control also showed certain rules.From the time distribution,it can be seen that the public accused the officials through a process from indifference to enthusiasm and then slowly burst.From the geographical point of view,it is also directly related to the distance from the administrative center.The overall case analysis combined with the in-depth study of specific cases to understand the case in a comprehensive way.Compared with Guangxi and Gansu during this period,the differences in the case are mainly reflected in the following aspects:Secondly,the year distribution of the case is different.Secondly,the number of cases rejected by the government as framed is quite different.Finally,there is a difference between the result of case control and the prescription of treatment.An in-depth analysis of the reasons for the differences can better grasp the differences between the design and actual operation of the grassroots system of the kuomintang in the whole period of the Republic of China.The third chapter,the types of county magistrate crimes are listed as embezzlement of public funds,embezzlement of private property,malfeasance,destruction of public life,common bandits,and smoking addiction.At this time,county politicians were engaged in economic construction and punishment of corruption,and Hubei was also a region with frequent activities of the communist party of China and active local banditry.A large part of county heads involved in the case were also charged for failing to deal with such county affairs.The fourth chapter,through the investigation of the accused county heads,can also analyze the reasons for frequent crimes,often involved in the case:from the county head selection and appointment conditions,qualified county heads are few,the quality of county heads can not be guaranteed;From the point of view of the county magistrate's tenure,the short tenure also aggravated the county magistrate's slack and wait-and-see to the government affairs;From the county government work is heavy and the income and expenditure of the county head,the county head is not easy;From the perspective of punishment system,there is a big deviation between theoretical design and practical operation.From the point of view of the county magistrate's environment,the instability of the current situation is also the reason for the county magistrate's frequent crimes.The last part is the conclusion,which discusses not only the fact that the county magistrate is often accused,but also the fact that Baojia magistrate and other grassroots officials are easy to be accused.It also analyzes the substantial transformation from the ancient county magistrate to the county magistrate in the Republic of China.Combined with the investigation of the modernization of the administrative litigation system,it discusses the situation of the public prosecutor in the period of the Republic of China.