Font Size: a A A

Exploration Of The Process Of Judicial Reform In The Republic Of China

Posted on:2019-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:P Z LiFull Text:PDF
GTID:2416330596452429Subject:History of law
Abstract/Summary:PDF Full Text Request
With the success of the 1911 Revolution,the governmentof the Republic of China began to reform the judicature.However,the judicial reform in the Republic of Chinawas not a smooth sailing.The frequent war and the change of the regime made the reform not a good external environment,so there were many difficulties and obstacles during the period.However,from the records of the judicial meetings of the previous Republic of China,the authorities have not given up on the reform of the judicial system whether it is successful or not.At each judicial meeting,the judicial workers from the frontline of the practice offer suggestions to reform the judicial system from all aspects,and strengthen the improvement of the judicial system unremittingly and unremittingly.Development?Therefore,the writer,based on the record of the records of the previous judicial meetings,discusses the real situation and main problems of the reform of the judicial system during the period of the Republic of China through the collation and induction of the relevant content.Besides the introduction and epilogue,this paper is divided into four chapters.The first chapter is mainly about the background of the judicial reform in the Republic of China.By discussing the situation of the judicial reform movement in the late QingDynasty and the general situation of the judicial reform in various stages of the Republic of China in the period of the Republic of China,the development vein of the judicial reform in the Republic of China was grasped as a whole.The second chapter selects the judicial funds which have occurred many times in previous conferences.Through the arrangement of the records of the conference,it is found that the problem of judicial funds is a stubborn disease throughout the process of judicial reform in the Republic of China.Therefore,this chapter mainly takes the bill of judicial outlay at the 1935 judicial conference,focusing on the importance and necessity of calling for unified judicial outlay and its practical reasons,as well as the solution proposed in the bill.The specific measures and measures for the problem of judicial funds have been made and the status of the unification of judicial funds recorded in the records of the judicial conference in 1948.The third chapter mainly discusses the reform of judicial procuratorial system in the process of judicial reform in the Republic of China.First of all,the reform of the procuratorial system is mainly based on the contents of the two judicial meetings on the reform of the procuratorial system in 1935 and 1947.It is discussed that since the implementation of the procuratorial system at the end of the Qing Dynasty,the proposals for the procuratorial system or further improvement during the period of the Republic of China,or the call for complete abolition,were discussed and analyzed.The two judicial conference finally examined the results of such motions.Secondly,taking the proposal of the 1935 and 1947 judicial Conference on the proposed trial jury system as the object,discussed the motive of the proposed trial jury system,the implementation measures and so on,and further analyzed the reasons that the two judicial conferences on the jury system have not been adopted.The fourth chapter takes the reform of grassroots judicial system in the Republic of China as the theme,focusing on the county magistrate and the judicial system and the circuit trial system.The first is the content of the bill on the county magistrates and the judicial system in the 1935 judicial conference.It analyses the reasons and positions of the two parties with the abolition and the improvement of the current system,and summarizes the final results of the meeting,and the measures for theimprovement of the system in the later period of the meeting.Secondly,it is based on the contents of the proposals on the proposed implementation of the circuit trial system in the records of the 1935 and 1947 judicial meetings,and the differences between the proposals on the system in the two judicial meetings and the results of the final meeting after the trial system of the trial tour of the war zone during the period of the war of resistance against Japan,and the difference between the results of the final meeting and the author This is an analysis.The fifth chapter is the concluding part.Through the above content,the author tries to demonstrate the reform of the relevant judicial system,to summarize the opinions of the individual to the judicial reform of the Republic of China,and to reflect on the warning of the present.
Keywords/Search Tags:Judicial reform in the Republic of China, Judicial conference, Judicial funds, Inspection system, Grassroots justice
PDF Full Text Request
Related items