An Analysis Of The Tendency Of Judicial Independence At The Grass-roots Level In The Republic Of China

The traditional Chinese basic-level judicature shows the mixed characteristics of judicature and administration,which brings some crisis and predicament in the late Qing Dynasty.The western idea of judicial independence was introduced at the same time,and was recognized and emulated by the folk and official officials,which laid the ideological foundation for the reform of judicial power in the late Qing Dynasty.At the central level,it is initially reflected in the independence of institutions,functions and personnel,but there is a contradiction between judicial trial and administration in the functions and powers;there is still a shortage of legal personnel,and the provisions of judges’ security are still incomplete.In the late Qing Dynasty,local judicature began to form the tendency and foundation of independence.The first is to carry out the preparation list of the Ministry and various statutes to form the planning concept of local judicial independence;then the laws and regulations of local reform,which constitute the institutional origin and foundation of local judicial independence;finally,from pilot projects in some areas to comprehensive promotion,but in the geographical scope,funding and talent difficulties,resulting in local judicial reform not only gradually radical and unbalanced,the effectiveness of judicial independence reform is quite limited.During the period of the republic of China,the grass-roots judicial reform also reflects the trend of independence.On the one hand,from the summary and origin of grassroots judicial system,grassroots judicial system is marginalized in the overall judicial structure,while at the micro level,it is diversified and unique.On the other hand,the embodiment of the independence tendency of grassroots judicature is first of all the combination of the local adjudication hall and the introduction of the county governor’s judicial system as the background of grassroots judicature in the early years of the republic of China.The implementation of the administrative and judicial system retains the embryonic form of specialization and establishes the basic framework of grassroots judicature.Secondly,during the period of beiyang and nanjing national government,the system of trial and inspection office,judicial office and county judicial office was improved based on the actual situation at the grassroots level.Finally,through the continuous pursuit of the new courts,and the construction of the new courts’ internal organization,the grassroots judicial system has formed the independent tendency,which has the three characteristics of traditional color retention,the influence of administrative factors,and the great difference between regions.The tendency of judicial independence at the grass-roots level is also influenced by different organs and organizations,including the grass-roots administrative organs,the superior administrative organs and the Chinese Nationalist Party.Systemically,the chief executive at the grass-roots level has a certain level of judicial power;The higher judicial organs in the organizational structure and litigation procedures,and the central judicial administrative organs through the form of judicial reform,macro and indirect impact on the grass-roots judiciary.In practice,the chief executive’s participation in the judicial system is reflected in laws,letters and comments.The superior judicial organs have a guiding influence on the organization,personnel selection,fund allocation,litigation procedures and the direction of handling cases.The central judicial administration has also intervened in the administration of the allocation of personnel and salaries.In the political field,under the influence of sun yat-sen,xu qian,wang chonghui and ju zheng,the judicial idea of the party gradually formed and developed,and influenced the grass-roots judicial system in three aspects: organization,trial practice and judicial personnel.In general,in the period of the republic of China,this tendency has made some achievements in judicial institutions,powers and personnel,which shows the gradual professionalization of the grass-roots judiciary and the emergence of the structure of checks and balances to some extent.However,the traditional ideology still exists in grassroots judicature,and the recognition of judicial independence is obviously insufficient,which is reflected in the limited distribution and number of independent institutions,the influence of various factors on the independence of authority,and the incomplete guarantee of personnel independence.Moreover,institutionalization and professionalization are the main approaches to the reform process of judicial independence at the grassroots level,which is formed by multiple factors including political values,reality and economy,as well as history and culture.