The Local Judicial Treatment Of Suspected Crimes In The Early Years Of The Republic Of China

Judicial archives in the period of the Republic of China are precious materials for legal history and have important historical data value.Full exploration and careful study of judicial archives in the period of the Republic of China are of great value for in-depth study of the legal system and judicial system in the period of the Republic of China,and even for the study of economic and social life in the period of the Republic of China.Since the settlement of human disputes has been in the form of litigation,how to deal with cases with unknown facts has been troubling judges.The judicial personnel in China have the modes of dealing with the suspected crime from non-existence,from leniency,from atonement,from existence,from god,and from forgiveness,etc.These modes exist interchangeability and have a relationship of constant rationalization and chaos.The law of the early Republic of China inherited and further developed the results of the late Qing Dynasty's reform,and there were provisions on the "provisional new criminal law","regulations on criminal proceedings" and other relevant legislation as well as Dali court's cases of judgment and interpretation.However,in these legal provisions,the tendency of the suspect crime to be less serious is constantly emerging.Through the typical case analysis of LongQuan judicial archives anthology,we can find that the judicial activities of local courts in BeiYang government in the period of diversified suspect crime handling modes.There are three reasons for the formation of diversified handling mode of suspected crimes: first,the disconnection between justice and practice.A large number of western legal systems and related legal concepts have been introduced,but the actual situation in China has not been taken into account.In addition,the continuous wars and social chaos in China during the period of the BeiYang government have further exacerbated this disconnect.The central government's legal provisions are difficult to be implemented in the basic courts like LongQuan county.The second is the contradiction between the traditional judicial concept and the modern human rights concept.On the one hand,magistrates began to accept the advanced western concept of humanrights,and began to introduce the principle of "no crime suspected" in criminal trial,which reflects the progress of The Times.On the other hand,it is still difficult for magistrates to give up traditional Chinese judicial concepts.Especially in counties like LongQuan county,the influence of such concepts as family standard and non-litigation on judicial activities still exists.Most of the county governors with insufficient business ability have the mentality of tired litigation and quick case conclusion after monopolizing administrative and judicial power.Third,the imbalance of legal construction.On the one hand,the legislative yuan was in an unstable state at that time,and the lack of legal and political talents led to slow legal transfer and lagging legal provisions.On the other hand,it is the inherent contradiction in the design of legal system,that is,the juridical principle of doubtful crime in the legal provisions coexists with the tendency of doubtful crime to be less serious,which is more obvious in the cases of judgment and interpretation of Dali court.Of course,being is reasonable.Although the existence of this diversified mode of handling suspected crimes is not conducive to the protection of the rights of defendants and is contrary to modern legal concepts such as presumption of innocence,such a diversified mode of handling suspected crimes is still needed in the judicial trial of LongQuan county at that time.This model adapted to the LongQuan County lawsuits by grassroots finely accident in daily life,little major criminal disputes,has certain flexibility and creativity,With its flexible legal technology level and the legal value of holding power and cooperation,it played an important transitional role in the social transformation period at that time,which cannot be simply negated.