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A Research Of The Administrative Appellate Court In The The Northern Warlords Government

Posted on:2019-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:H R WangFull Text:PDF
GTID:2416330566967069Subject:legal
Abstract/Summary:PDF Full Text Request
In the process of transplanting the legal system in modern China,with reference to the continental law system and established a dual judicial system.In June 1914,China’s first “Administrative Appellate Court” was established in Beijing,which marked the beginning of the implementation of the modern administrative procedure law in China,and at the same time means that the administrative litigation system was formally considered by the modern Chinese legal system.The emergence of the Administrative Appellate Court greatly promoted the construction of China’s legal system and played an essential role in connecting the above with the following.In the early years of the Republic of China,it was an important judicial practice for China to transform from traditional supervision to modern supervision.Due to the limitation of the Northern Warlords government in the dynasty,the Administrative Appellate Court collapsed in 1928,but its value cannot be ignored.The appearance of the Administrative Appellate Court illuminated the road of the development of the modern administrative litigation.Even for the reform and progress of modern administrative litigation plays an important enlightenment role.For the first time,it brought the administrative officials of the traditional legal system to court with the ordinary people.This was unimaginable in the era of warlords’ scuffles at that time.It effectively impacted the traditional Chinese thought of "honoring the people" for thousands of years.To the people at that time in the thought brought a huge sense of shock,the establishment of Administrative Appellate Court set a good promotion for the modern China’s administrative litigation legal system progress and improvement.At that time,the Administrative Appellate Court was subordinate to the President and was directly accountable to the President.Therefore,this design,which is subordinate to the President,must have more or less drawbacks,but to a certain extent,the existence of this malpractice can also become the motive force for us to move forward.It plays an important enlightenment role in the later reform of administrative procedure law.Administrative Appellate Court is a system attempt in the early Republic of China,which is of great significance to the formation of administrative litigation system and administrative supervision system in modern China.This paper mainly includes four parts: First,taking time as the clue,under the background of the legal system reform in the late Qing Dynasty,it expounds the origin of the establishment of the Administrative Appellate Court.Secondly,from the overall aspects of the establishment of the Administrative Appellate Court and its operation in detail.While in-depth analysis of the specific system,functions and its nature.Finally,it is the overall evaluation of the Administrative Appellate Court,to let people deeply understand the experience and lessons of the establishment of the Northern Warlords government,and give a certain reference to the current administrative litigation reform and development.
Keywords/Search Tags:Administrative Appellate Court, Administrative litigation, Legal system construction, Administrative supervision
PDF Full Text Request
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