A Study On Civil Cases Of High Court In Anhui Province(1927-1937)

After the founding of the Nanking National Government in 1927,the judicial reform was carried out in accordance with Dr.Sun Yat-sen's thought of building the country by the Party.In the establishment of the courts,the higher courts have replaced the higher courts,and the system of president responsibility has been implemented in the courts.In Anhui Province,the original Anwei High Court Hall was renamed Anhui High Court on November 1,1927 and was stationed in Anqing.Anhui High Court has a civil and criminal tribunal,which has six branches in Bengbu,Shexian,Wuhu,Fuyang,Luan and Chuxian.Thus,the Anhui High Court has realized the local judicial trial in the modern sense.The practice of civil trial in Anhui High Court is judged in accordance with the law within the scope of law.The substantive legal environment of civil case trial is the National Law of the Republic of China,which was enacted in 1929.The environment of trial procedure law is the Civil Procedure Regulations promulgated by the northern Government,which was formally replaced by the Civil Procedure Law in1931.The legal environment of the judicial trial operation of Anhui High Court shows the concrete measures and basis of the court in hearing civil cases in this period.In the judicial practice of civil cases of Anhui High Court,the actual trial of marriage,property rights,creditor's rights,inheritance and other specific cases under its legal order reflects the expression and practice of the national law and judicial system in local areas,and also reflects that judges,as judges of the results of cases,actively play their initiative in it and strictly follow the procedure in trial.Principles of justice and substantive justice make objective judgments,while giving consideration to reasonableness,merging "feeling" into "law",making more reasonable judgments,better safeguarding the legitimate rights and interests of the parties.The case trial of Anhui High Court strictly abides by the procedural steps prescribed by law,and judges according to law in combination with various mediation methods,so as to make the people consciously abide by the new procedural law,so as to better implement the implementation of the legal system.The content,purpose and appellant's identity of the specific civil cases of Anwei High Court reflect the continuous improvement of legal consciousness of the people in Anhui society in judicial protection,the enhancement of the ability of Anhui society to implement the rule of law,and the life of the people in Anhui society.The practice of Anhui High Court in civil trial,combined with the implementation of the current strategy of governing the country according to law,provides the following historical experience and lessons for judicial trial: the court should fully consider the integration of situation and law,attach importance to the authenticity of evidence,procedural justice and substantive justice,so as to make the trial results more objectivity and acceptability,truly safeguard the legitimate rights and interests of the parties,and ensure a fair trial.It goes on smoothly so as to ensure social harmony and stability.