Research On The Protection Of Judges During The Period Of The Beijing Government Of The Republic Of China

In the context of the situation of internal and external troubles and the influence of Western studies for many years,the judicial reform covering a number of contents was carried out in the late Qing Dynasty.Among them,judges who possessed judicial power were given the meaning of a modern kind and were separated from the group of administrative officers.In order to protect the judges's life financially,the Qing government planed to distinguish the judges' salary from that of the administrative officials,and the relevant regulations had been enacted systematically.However,due to insufficient preparation,the plan eventually failed.After the brief development by the Nanjing Provisional Government,it was officially implemented by the Beijing Government of the Republic of China.In recent years,our country has attached great importance to the guarantee of the judges.This paper focus on the time during which the Beijing Government of the Republic of China took power as the research period,and studies the design and practice of the judges'guarantee in this period.Through this paper,it is found that at the angle of systematical design,the Beijing Government of the Republic of China inherited the practice of the late Qing Dynasty and scientifically distinguished judges from ordinary civil servants.It was more conducive to the guarantee of judges'interests institutionally.The guarantee content could be roughly divided into occupational guarantee,salary guarantee and welfare guarantee.First,occupational security included the status of judges and the guarantee of their duties.The status guarantee was mostly written in the Constitution and the orders from the Ministry of Justice.The power of authority was concentrated in the Constitution and the Presidential Decree.Second,the most important feature of salary guarantee was the design of a strict official system.Salary was closely related to the hierarchy of official positions and there existed multiple salary levels of the same position.Third,welfare guarantee covered other fields of guarantee,including economic welfare and non-economic benefits.This part involved many aspects,unfortunately,it was in the lack of information.This paper mainly studies several points like public funds,pensions,holidays and services.In the practice of the judges' guarantee,it is supposed to compare the actual situation with the design.Occupational guarantee played a certain role but the intervention of many forces had made the transfer and removal of judges frequent and arbitrary.In addition,the unprovoked interference of the military and political forces on the trial was obvious.In terms of salary guarantee,although the salary rules of judges were relatively better,they were not inferior to those of university faculty.However,due to the economic constraints of the Republic of China,there were cases of arrear and shortage.Judges inside and outside Beijing were suffering from that.The welfare guarantee was mainly reflected in the fact that it was difficult to obtain a reasonable redemption of the pension.Other benefits included holidays and services.The Judgment Office worked in the morning of July and August,and rested in the afternoon.It wiould continue to work as usual from September 1st which showed the compassion to the judges for their summer work.At the beginning of the Republic of China,the government unified the service system,and many adjustments and changes had happened to the clothing of the judges.Despite the reasons of the time and the inadequacy of the system itself,the operation of the judges during the period when Beijing Government of the Republic of China took power is generally worthy of praise.The advantages lie in the establishment of identity guarantee in the form of constitution,the steady development of the supporting system and the distinction consciously set from ordinary civil servants in legislation.It reflects a certain value includeing,namely,inheriting from the Qing Danysty,keeping the innovation system,attracting judicial talents and having a profound impact on the judges' guarantee of the Nanjing Provisional Government However,there are certain deficiencies in the judges'guarantee during this period,such as inheriting the defects of the Qing Danysty,neglecting the guarantee of alternate judges to and the rough design of the guarantee.To sum up,the following can be enlightened in the establishment and completion of the judges' guarantees in China.To improve the professional security of judges,to lift the income level of judges,and to pay attention to the actual living conditions of judges.