| The traditional judiciary had been disintegrated over one hundred years, and the new judiciary had been set up for about half a century in our nation. However, in the early 21 century, the judiciary in our country is still facing some fundamental proble- ms during social transformation in modern times, and even most of the problems which the ongoing judicial reform need to solve is still some fundamental issues which should be solved since the reconstruction of laws in the late Qing dynasty. Hence, some doubts are lied before us: judicial reform, lasting over one hundred, from law reform at the first time in the late Qing Dynasty to the judicial reform movement at the beginning of the founding of New China, what artifacts and cultural resources that can be directly and accessibly used do they left for the justice nowadays on earth? Especially the new judicial reform movement at the beginning of the founding, what roles does it play in the course of the modernization of the judiciary in socialized China? In order to know about history and have a comprehensive study of the judicial reform movement at the early beginning of China, this paper took the judicial reform movement in southwestern region (including Chongqing, Sichuan, Yunnan, Guizhou, Tibet Autonomous Region 1) from 1952 to 1953 as research subject. It inspected the basic contents of the movement, analyzed the essence, reason and practical utility, showed the construction process of the judicial system and concluded the experience and lessons this movement left. Taking the historical attitude, this paper explored the files in southwestern region (mainly the four provinces and one city as Yunnan, Guizhou, Sichuan, and Chongqing, Xikang,). Using the approaches of sociology, cultural studies, statistics and case analysis, this paper expanded into five chapters, which provided a panoramic view of the judicial reform movement in the southwestern region.Chapter 1: The background of the judicial reform movement in Southwest area. In the beginning of the founding of our country, the abolition of the "old legal system," further turned into the specific.Abolition of the "Six Law Book" carried out by National Government. "Six Law Book" foresaw the crucial changes of the legal system. However, the new regime could not work out the complete legal system in a short time, so the difficult problem appeared, that is, what basis the judicial activities of the judiciary should follow to carry on administration of justice?To solve this problem, the CPC Central Committee issued "On the abolition of KMT's Six Law Book and instructions about determining the judicial principles in liberated areas" as early as February 22, 1949, which established the judicial principles in liberated area after abolish "Six Law Book". Namely, under the Circumstance of incomplete of people's law, the working principle of the judiciary should be: "if programs, laws, orders, regulations, resolutions are offered, we should follow these principles; whereas, we should follow the new democratic policy. This principle became the essential judicial principle for all the judicial units at all levels after the founding of new China. However, after 1949, these judicial units still retained a large number of judicial officers of KMT to stabilize society. Because they know less about the laws, orders, regulations, resolutions and policies of the new democratic policy, they can not apply these principles flexibly. Finally, the original judicial experience was consciously or subconsciously applied in judicial activities. This phenomenon is incompatible with the one that the new regime treating "the old law reunification". In addition, at the beginning of the founding of new China, the emphasis on class and tool nature of the judiciary will inevitably trigger a clean-up movement towards the judicial subject and concept. In addition to the existence of the old judicial staff in all the judicial units, some new and old cadres dealt with judicial work had to rely on the old judicial staff because of their lacking in systematic legal education and judicial training, as well as the difficulty in carrying on administration of justice. This phenomenon of being "captured" is not permitted under the new regime. At the same time, some cadres had the thought of enjoyment after the victory of revolution, so they have the behaviors as corruption, favoritism and other bad behaviors, which were very dangerous for the new regime. The above-mentioned problems attached great attention of the Party Central Committee and the Central People's Government. During the several social reform movement after the founding, the passive situation of the judiciary made the Central Party Committee convinced to carry out a judicial reform movement and took it as an important step forward for consolidating the new people's political power.Chapter 2: The process of the judicial reform movement in southwest area. Following the national situation and sticking to the central deployment of the Judicial Reform Commission, the southwest region carried on a heated judicial reform movement in its six provinces, city and autonomous region Chongqing, Sichuan, Xikang, Yunnan, Guizhou and the Tibet Autonomous Region. To ensure the smooth development of the movement, the judicial unit of southwest region led by Southwest Political Affairs Committee, in one hand, it established the government for judicial reform movement at all levels; on the other hand, it took a wide range of social mobilization to change the judicial reform into the necessity of maintaining people's own needs. Since the movement began, in order to release the broad masses of judicial officers' ideological concerns, first of all, the judicial officers of the judiciary were internally organized to study the documents and understand the instructions of the Party Central Committee on judicial reform movement. In the learning process, the majority of members of the judiciary were requested to take self-examination, review, and then mass examining discussion would allowed in the unit of Court (or judicial). During the process the leading cadres at first took the lead of review and self-examination, then the judicial review, and finally the mass review and exam. In this layer after layer way, political, ideological, and organizational problems existed in all the levels of judicial governments were preliminary exposed.To further expose the problems in the judiciary, after internal inspection and criticism, they also mobilized the broad masses of the people (particularly the case of the parties) to expose in time.The exposing materials reflected the existence of counter-revolutionaries and corruption elements in judicial organs at all levels (mainly the People's Court) and the judicial courting phenomenon based on KMT's "Six Law Book".These all confirmed the Party Central Committee's judge for the fundamental situation in the people's judicial organs. After these problems were exposed, the organization clean-up, thinking and style rectification of the judicial organs at once started. The judicial reform in Southwest area began from September 1952 to March 1953. With the completion of organization clean-up, the region's large-scale movement basically ended, and shifted to the construction of ideology and work style.Chapter 3: Content of judicial reform movement in southwest area. In view of the problem of impurities of political, ideological and work style existed in southwest China's judicial organs at all levels, in accordance with the established combining principle of ideological transformation and organization consolidation, Southwestern Bureau, sorted out the judiciary at all levels starting from the ideological transformation.In the process of ideological transformation and organizational rectification, judicial experience in the bases in new democratic revolutionary period was summed up, and the mass line of judicial style was established. After this vigorous reform movement, the judiciary at all levels in southwest sorted out a large number of older members from the corps. As a supplement to the preparation of the judiciary at all levels, the active members emerging in various social reform movement (including workers, farmers, intellectuals, young people and demobilized soldiers) were absorbed into the judiciary to enrich the judicial corps in that it can transform the judicial organs at all levels into people's judicial organs, improve the management system of the people's courts and strengthen the Party's leadership of the judicial organs at all levels, and so on. In the process of cleaning up the staff, through sequencing criticism and organizing new legal education, the education of Marxist legal and judicial concept of the judicial staff was strengthened, so the "old law ideology" such as ""equality before the law" , "judicial independence," " supremacy of procedures" were cleaned up. At the same time, through the criticism on the judicial work styles as "shirking ", "procedures ", "court seeking", "provision," and "data" oriented work styles, judicial and judge work styles as ""roving on trial" and "open trial" were set up, which were convenient for the people.Chapter 4: The historical role of Southwest reform movement. In the early days of the PRC, it had historical necessity and rationality to participate in the judicial reform through mobilizing the masses. At that time, its role is significant. First, it achieved the purpose to purify the judicial organs at all levels and smoothly accomplish the task of "changing blood" of the judicial members. Secondly, through thorough reporting and criticism, the ideology and judicial work styles were corrected. At last, it is an important step to establish the people's judicial system. In short, it not only consolidate the new regime in justice field and show some features of judiciary under the people's democratic dictatorship, but also preliminarily established the judicial tradition of new China.Chapter 5: Evaluation and reflection. Any social reform is not isolated, which is closely related to certain socio-economic, political, ideological, and cultural backgrounds. This determines that it has certain time brand. At the beginning of the founding of PRC, a comprehensive reform movement in the justice field is not only necessary for the political situation under the guidance of Marxism, Leninism, Mao Zedong Thought, but also is required by new China's new economic system construction.Back to the context of that time, we have to say that judicial reform movement is necessary and inevitable because it is the necessary approach to consolidate the new regime, and also is the inevitable requirement to establish people's judicial system.Southwestern Bureau conformed to the national situation and combined with the actual situation in its region, from September 1952 to March 1953, this judicial reform movement basically ended. This reform brought some fresh air to the judiciary at all levels of Southwest, enhanced the people's nature of the judiciary at all levels, and strengthened the party's leadership of the judiciary. However, the judicial reform movement applied the way of people movement, criticized the old view and sort out the old judicial officers, readjusted the legal education. The negative effect they brought to New China's legal construction could not be underestimated. For example, we paid too much attention to the mass movement but ignored law rules, emphasized much on the class nature of law but wholly denied the principles of the old law, and further denied the old judicial staff, then neglected the important implication of the inheritance of law on the law construction. We stressed on the party's leadership on judiciary to criticize judicial independence, but led to the lack of independent quality of judiciary. All these problems need our meditation.
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