The Evolution of Prosecutorial System in Nanjing National Government
|School||East China University of Political Science|
|Keywords||Nanjing National Government Period Procuratorate Organization the Authority of Procurators Evolution|
32nd year of Guangxu period(1906),prosecutorial system was established officially by the Qing court after the enactment of the Daliyuan Trail Law.It realized separation of prosecution and trial.After that, nanjing provisional government and the beiyang government basically all followed the qing government’s prosecutorial system, made no big changes.Until 1927, the national government began to reform the judicial system,and the evolution of prosecutorial system has the most controversial and resistance largely.But at the same time,the nanjing national government period is an important stage of prosecutorial system become mature slowly.However, the evolution of prosecutorial system and the cause of the problem during nanjing national government period, have not demonstrated clearly,such as,why the Prosecutor’s Office at various levels were revoked in the nanjing national government period.What were the difficulties and setbacks when the Procuratorate Organization was established. In the court’s prosecutor, what has happened to the functions and authorities compare with it in qing dynasty and early republic.What changed in 1935,when new criminal procedure law was issued.What’s the motive of change, and how about the effect? What inspiration value does the prosecutorial system of nanjing national government for today?Based on the collection of historical data about prosecutorial system ,trying to answer these questions and fill the Academic blank. Except introduction and conclusion ,it is divided into four chapters and has more than 46000 words in all.Chapter one the evolution of the prosecutors in nanjing national government period.Firstly, the origin of the abolishing prosecutorial system and the core viewpoints which were debated since the early republic are summarily introduced, and the social background and history reason why explained the nanjing national government began to revoke the Prosecutor’s Office . Then makes a thorough investigation to the evolution of setup of procuratorial organization, and with a view to strengthening the control of procuratorial system of carrying out the "judicial partification" theory by the kuomintang is discussed. In addition, the evolution of concurrent judicial in county since the late of the qing dynasty, and the county justice pushed in the nanjing national government period, and the county magistrate were responsibled for procuratorial affairs to make a more detailed introduction, and the effects and limitations of enforcement had been analysed.Chapter two the evolution of procurator’s authority of investigation in nanjing national government period. In 1935 January 1 nanjing national government enacted a new revision of the "criminal procedural law" , authority for procuratorial has some new regulations.Through the comparison between new and old laws about the discrepancy of procurator’s authority of investigation which was prescribed by law, in order to search the development track of procurator’s authority of investigation in nanjing national government period.And finally obtained the scope of public procurators investigation won the expansion, the authority of search and inspect had been strengthened, and principal investigation of public procurators had been made clear further, to strengthen its main body status to the judicial police scheduling, command carried out.Chapter three the evolution of prosecutors to litigate in nanjing national government period. First introduced the rights of prosecutors to participate in civil litigation as the state’s representative offices or public welfare representative in the late qing dynasty and early republic.Then to explains the legislative reasons and legal provisions that why prosecutors were restricted to involve in the personnel litigation in nanjing national government period. Then, "criminal procedural law" expand private prosecution scope to prevent prosecutors abuse of authoritydesign and implementation of the theory was analyzed, and the new "criminal procedural law" give prosecutors assist private prosecution and bear private prosecution of legislative principles, and be explained to strengthen the advantages and disadvantages of prosecutors charged administrative umpirage is analyzed. In addition, prosecutors also enjoy the overall supervision of litigation.Chapter four the review of evolution of prosecutorial system in nanjing national government period .In this chapter, have made a summary of the show and the corresponding evaluation to prosecutorial system implementation effect and its historical limitations in nanjing national government period.Anyhow, research from its system design and evolution legal terms ,and find the theory origin and practical experience accord with judicial rules and procuratorial mechanism shall be what we need to do. Meanwhile,the cause of the problem and history lesson of prosecutorial system in the nanjing national government period , should also be given the necessary attention to make warning and inspiration for the legal construction in mainland China today.