The Research about the Criminal Litigation System of Nanjing National Government
|Keywords||Nanjing National Government Criminal justice system Procuratorial system Justice System|
Modification of Laws from the late Qing Dynasty political reform, China's criminal justice system began the modern history of change. Nanjing National Government to reign in the criminal justice system on the outcome of the Late Qing Dynasty inherited continue to develop codification of criminal proceedings finalized in the form of modernized. However, the Nanjing National Government's criminal justice system, in the course of judicial practice has not been really implemented, and some systems even to traditional litigation legal culture backtracking. Chinese legal modernization important topic - tradition and modernity contradiction between the performance of this phase is also very prominent. Chinese criminal procedure system modernization process, although the process of ups and downs, very difficult, but from the overall trend of speaking, is the twists and turns, and its progressive significance and historical reference value is worthy of our careful study. In this paper, Nanjing National Government from 1927 to 1949 criminal justice system as the research object. The first part of Nanjing National Government to study criminal procedure legislation. After a brief combing Qing Dynasty on the basis of criminal legislation, the first of Nanjing National Government in 1928 and 1935 were analyzed in two studies the Criminal Procedure Code, and then analyze the Nanjing National Government Organization Law Courts formulation and enactment. The second part of the paper studies the Nanjing National Government in criminal proceedings patterns, analyzes its theoretical origins of criminal proceedings patterns and values. The third part, the paper Nanjing National Government's Criminal Justice System prosecutorial system and conduct research, trying to show the real criminal justice system in this period panoramic deepen the criminal justice system of rational knowledge. Finally, the author from the macro level on the Nanjing National Government criminal justice system of the council, made a cursory view. I believe that the National Government's criminal justice system has an integrated modern features, embodies the traditional process of legal modernization and modernity of contradictions. However, the Nanjing National Government's criminal justice system in the judicial order and the pursuit of judicial efficiency characteristics, but also makes its ruling order to maintain the stability of the value of the goal to become a maintenance Nanjing national government tyranny tool. Judicial Party, judicial and judicial personnel funding shortages, and many other reasons, making the Nanjing National Government criminal justice system did not play in the judicial practice its proper value, which is the historical limitations lies. Looking at the Nanjing National Government's criminal justice system, I believe that the success of legal reform is inseparable from the progress of the political system and legal culture building, which is today's criminal justice system reform worth learning. We should be treated calmly Nanjing National Government criminal justice system, its scientific research and objective summary.