Research On The Connection Between Supervisory Power And Judicial Power During The Nanjing Nationalist Government Period

During the Republican period,the power of supervision and judicial power came from Sun Yat-sen’s five-power constitution,the concept of "separation of powers" and relevant legislation at that time.Both the supervisory power and the judicial power are the means by which the government governs the country and have different characteristics.The characteristics of supervisory power include independence and extensiveness,and the characteristics of judicial power include passivity,finality,independence,and procedure.The division of labor and cooperation between the governing powers aims to establish a "universal government".Since ancient times,China has attached great importance to the division of labor and cooperation between supervision power and judicial power,but throughout the ancient period,supervision power was higher than judicial power.During the Republican period,Sun Yat-sen pioneered the equal status of supervision power and judicial power,continuing the ancient model of separating impeachment and punishment,and it is necessary to connect the two powers in order to better play the function of supervision power to rectify the rule of officials and the role of judicial power in safeguarding social fairness and justice.During the Republican period,a large number of laws and regulations were promulgated to ensure the exercise of the power of supervision power and judicial power,and sorting out the relevant legal basis made the content of supervision power and judicial power and the relationship between the two powers clearer.According to the law,the scope of the power of supervision includes the power of impeachment,investigation,auditing and personnel,and the judicial power includes the power of procuratorship,punishment,judicial administration and adjudication.The relationship between the supervisory and judicial powers has changed in different historical periods.During the period of discipline,there was a division of labor and cooperation between them;In the constitutional period,it is a relationship of mutual supervision and constraint.The convergence of the two powers is to achieve the purpose of restraining power and preventing overstepping and abuse of power.The connection between supervision power and judicial power includes the connection between supervision power and procuratorial power,the connection between supervision power and judicial power,and the connection between impeachment power and disciplinary power.The connection between supervisory power and procuratorial power includes the handling of job-related crime cases by procuratorial organs,the connection in the process of evidence investigation,and the conversion of criminal compulsory measures;The interface between supervisory and judicial powers includes the control of conviction power and the supervision of judicial officials.Understand the interface between the two powers,supplemented by cases to summarize the problems that arose in the process of linking supervisory power and judicial power at that time,including unclear supervision authority between supervision power and procuratorial power,and mutual blame in evidence investigation;Inadequate oversight of judicial officials;The lack of post-event supervision of disciplinary activities,etc.,warns of the convergence between contemporary supervisory power and judicial power.For example,it is necessary to balance the issue of supervision power and procuratorial power on supervision power,do a good job in linking investigation power and investigation power,convert liuzhi and criminal compulsory measures,ensure that trial independence is not affected in the exercise of supervision power,and supervision committees should supervise judicial personnel.History is a mirror for the present and the future,although the supervision power during the period of the Nanjing National Government did not reach its original design intention in terms of supervision efficiency,there are many limitations and deficiencies,but there are also points worth learning,the current construction of China’s supervision system has entered a critical period,from the Republic of China supervision power and judicial power to the connection of the content and problems to sum up experience,will benefit the reform of our contemporary surveillance system.