| Xinjiang province is a place where many ethnic groups with different religion and culture live together, and there are many legal systems in history which are characteristic. In the time of Republic of China, the criminal judiciary system of Xinjiang was modernized gradually. The modern criminal judiciary system established step by step beyond the traditional criminal idea, ethical unwritten law and spiritual law is very important.The modernization of Xinjiang legal system mainly includes three characters:The independent judicial system was established; the system and concept of modern criminal law were utilized; the modem criminal procedure system was established. As to the independent judicial system, although there were several intergradations in history, the modern court system of Xinjiang was consisted of the superior court, the superior court branch and the district court at last. In the aspect of criminal system, Xinjiang obeyed the law made by central government, meanwhile modern criminal law principle was introduced in trial, and the judicial guidelines were changed. In the way of litigant procedure, system of public prosecution and appeal had been established, and regulations on evident and consequence had been emphasized.But the modernization of criminal judiciary system was not very thorough in Xinjiang, because the influence of following factors such as political system, cultural tradition and social environment. In the time of Republic of China, it was very difficult for central government to control Xinjiang province. So the local authority became the dictator. It could intervene in the justice freely. The development of independent judicial system was very slow. At the same time, the law-officer was in lack of and not very suit.As many ethnic groups live in Xinjiang province, ethical unwritten law and spiritual law still make some influence there in criminal judiciary system. These make the criminal judiciary system in Xinjiang have some characters. |
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