A Study On The Judicial Reform Of The High Court Of Hunan

With the introduction of western advanced judicial civilization,China’s traditional judicial system is facing a severe crisis.In the context of legal reform in late Qing Dynasty and the changes of local political situation in Hunan,Hunan began preparations for the reform of the legal system and the establishment of the high court of justice.At the end of the Qing Dynasty,the progress of the establishment of the high court in Hunan was very slow,until the Qing court was destroyed,and the high court of the high court was not established in Hunan.In April 1912,the Supreme Court of justice was formally established in Hunan.By February 1927,the Hunan high court was changed to a court of complaint,so the Hunan High Court existed in a specific historical period.Since the beginning of the Republic of China,the Hunan Higher Court of Justice implemented the requirements of the Central Government reform in a more comprehensive manner and initially established such systems as judicial adjudication,judicial independence and judicial selection in the province.In the period of Hunan Province,the characteristics of the judicial reform in the high court of Hunan were more remarkable.In judicial adjudication,the judicial system of primary,local and higher courtrooms was gradually perfected.Administrative litigation at the local courtrooms and higher courtrooms was also handled more creatively,and the province’s litigation system was perfected.In terms of judiciary independence,the power of final adjudication of cases in this province was turned over to the High Court of Justice by the Central Government.In essence,the reform of the people’s court for the fourth grade and the third grade for the examination of the third instance has been made at the third level and the judiciary in the province is further independent of the Central Government.Apart from continuing to retain the appointment and removal of examiners such as registrars and trial auditors,the appointment of judicial officers in other judicial departments is even more likely to change the terms of the decree to be served by the ministerial decrees,to recuse the incumbent’s immunity from the High Court and to preside over it independently Election of candidates for the exam.It is the substantive reform of Hunan high court that has promoted the establishment of modern judicial system in Hunan,the initial establishment of judicial system and the slow formation of judicial concept.The judicial reform of the high court of Hunan has the following lessons and lessons to learn from:the judicial reform must strengthen the participation of ordinary people;judicial reform should refer to extraterritorial experience,and judicial reform should be gradual.We should avoid the separation of name from reality,prevent administrative interference in justice,and make full use of judicial funds and talents to ensure the success of judicial reform.