Research On The Judicial Practice Of Xie Guansheng

Xie Guansheng was a famous jurist and politician in the Republic of China.He was deeply influenced by the Chinese traditional culture in the early years,then studied abroad and gradually came to comprehend western legal theory.From 1937 to1948,he served as Minister of Justice and led the construction and reform of the judicial system at that time by carrying out his judicial idea in the concrete judicial practice.And he was one of the founders and promoters of modern judicial system in the Republic of China.His judicial practice ran through the period of the anti-Japanese war and the civil war and combined the design of micro judicial system with the reflection on the macro judicial system,including the establishment of judicial institutions ? the innovation of judicial system and the training of judicial personnel.His judicial practice basically corresponded with the social needs and political demands,which laid the foundation of the judicial system and created a new era of the rule of law in the Republic of china.Furthermore,His judicial practice focused on the abolition of extraterritoriality and represented as the combination of initiative and passivity.He emphasized the correlation of the autonomy and reality,fusion of national character and contemporary spirit in the judicial reform,in order to achieve the balance of politics and law ?support national construction and revive the State.This paper attempts to analyze and research his theoretical sources of judicial practice?judicial practice and enlightenment on China's judicial reform by applying historical research ? normative research and comparative research methods.In the process of studying and researching,we can find that his judicial practice has its historical limitations under the background of judicial party and judiciary administration-rization.But undeniably his practice profoundly influenced and promoted the unification and modernization of the judicial system in the Republic of China.On the basis of comprehension,we hope to find out the certain significance of his judicial practice to the judicial modernization in our country now.