Research On The Professionalization System Of Magistrates In The Early Republic Of China

The operation of the society under the rule of law is the core of the judicial system,the sheriff is needed as a base force to move forward.The judicial officer is the intermediary,between the specific cases in life and the legal system,so that the impersonal laws and the complex society are actually related.Therefore,there can be no real legal structure,without a judicial officer system.This article takes the professional system of judicial officers in the early years of the Republic of China(1912-1928)as the research object,based on historical materials,and analyzes the content of the judicial officer system in the early years of the Republic of China by using the relevant laws and regulations promulgated by the newspapers in the early Republic.The reform of the new judicial officer system.The research on the reform of the new judicial system after the separation of executive power and judicial power in the early Republic of China is of great significance to the improvement of the judicial system and the promotion of judicial independence.This paper is divided into five chapters.The first chapter is an overview of the judicial system at the beginning of the Republic of China.It understands relevant definitions and concepts,and it analyzes the historical conditions of the judicial officer system from the social environment at that time.This article discusses the basis of constitutional government,the voice of the obligation of consular jurisdiction at that time and the education in different perspectives and then makes people has a certain understanding of the judicial officer system.The traditional Chinese judicial founding is almost in vain,which eventually has to obey the imperial power.There was no independent juridical concept,the administration and the judiciary didn't separate.Judicial justice was reformed from the administration through the reform of the late Qing Dynasty,until to the inheritance and development of the modernization of the early Republic of China.Judicial independence became apparent at first,and after a series of regulations and rules were issued,the design of the judicial officer system was also improved,the status of the judicial officer was gradually established,the right to independent trial was also strengthened,and the development of the judicial officer system at the beginning of the Republic of China was also in the voice to abolish consular jurisdiction,it has become a powerful spiritual motivation.and legal education will also promote the development of the judicial officer system,because legal education has a direct influence on the judicial officer examination,but judicial officer selection can't separate education out.the competent judicial officer will be customized for the examination,and also provide high-quality legal talents for the construction of the judicial officer system.Chapter two is the examination and selection training system for magistrates.It is the framework for the design of the judicial officer system in the early Republic of China.By collecting historical materials and works,it systematically sorted out the three major systems,namely,the system of selecting,guaranteeing and punishing the judicial officer in the early Republic of China.Demonstrating the process of judicial independence at the beginning of the Republic of China,It is not only of great value to the maintenance of judicial authority,but also to the promotion of the professionalization of magistrates.In terms of the examination and selection training system,it mainly briefly introduces the laws on which the judicial officers are based on examinations.The system developed step by step from "The Organic Law of Court" to "Judicial Examination Rule ",and operable legal documents are ready for the implementation of the system,and then this article specifically analyzes the selection form and content of the judicial officer and the examination agency,and analyzes the admittance system of the judicial officer's and also has certain reference significance for the selection of contemporary judges.Chapter three is the professional job security system for the early Republic of China.the judicial officer guarantee system also recognized the status of the judicial officer and guaranteed its independence.It was designed from the perspective of service,status,salaries and retirement pensions,Set up more guarantees for the judicial officer,not allowed to suspend duties and reduce salaries at will.even in the early Republic of China,when people had a strong sense of rights,the system also widely got recognition and support by public.It is more conducive to the justice of the judiciary to relieves the judicial officer of worries about life.The fourth chapter is the examination and supervision system of the judges at the begining of the Republic of China.the judicial officer gets reward or punishment,which depends on the work of the judicial officer.On the positive side,although it provides a driving force to inspire the enthusiasm of the judiciary,but there is also an overly ideal construction.Therefore,in 1915,the law on the punishment of magistrates was introduced to provide more operable provisions on the disciplinary causes and punishment methods of magistrates.The fifth chapter is the evaluation of the professionalization system of magistrates in the early Republic of China.Under such a thorough system design,there are still limitations and drawbacks in the actual operation process,thus to evaluate objectively the judicial system,in the early days of the judicial system design,and in the early days of the judicial examination system,security system,supervision and punishment system after a series of reform,judicial independent trial consciousness enhancement,and also to build a high quality sheriff's team provides a theoretical basis.However,it is in such a thorough judicial system design,and not build up a modern judicial philosophy of judges,its absence some system design,test examination mechanism is the impact on education,raising judicial treatment,hosei school thriving,lead to study law professional flocking,the decrease of the quality of the students,and at the time about call for high salary for a clean government sheriff's security system,but with the evolvement of judicial funding shortage contradiction,many judicial training place has been revoked,judicial officer,etc and unequal income,sheriff cause in the process of professionalization didn't achieve the goal of judicial system and creating,The politicization of judicial function didn't achieve the successful transformation of the judicial system,so the judicial system in the early Republic of China didn't achieve its due effect.In order to give some enlightenment to the construction of our modern judge system.