Research Of Procuratorial System At Shanghai In The National Goverment

The issue of judicial modernization in modern China can hardly be ignored.The government of the late Qing Dynasty was forced to learn from the Western modern judicial system under internal and external difficulties.This system of course includes modern trial systems,prosecutorial systems,lawyer systems and even police systems.If the court trial system originated from the traditional Chinese county trials,the lawyer system was born out of the traditional Chinese pettifoggers,and the police system corresponded to the traditional Chinese yamen runner,then the procuratorial system does not seem to have a corresponding system for comparison in traditional China.It is an exotic product in a complete sense.Therefore,the vicissitudes of the procuratorial system in the first half of the 20 th century have,to a certain extent,become the most authentic reflection of China’s judicial modernization process.The blueprint of the Qing government could never wait for its fully implementing,and became history with the fire of the 1911 Revolution.Although the Beijing government nominally inherited the legacy of the Qing government’s judicial reform,in fact,due to warlord secession and continuous civil unrest,the actual area controlled by the central government is very small,and the implementation of its judicial system in various places is not optimistic.The "Ning-Han Confluence" of the Nanjing National Government and "Change of Northeast China" make it the first unified central government in the history of the Republic of China-at least nominally.Although the National Government has changed the results of previous judicial reforms for various reasons,the "Golden Decade" and the resumption of the Kuomintang after the Second World War still give it time and space to implement its own judicial system.Shanghai was the earliest port to open in modern Chinese history.Due to the longterm existence of the concession after the Second Opium War,Shanghai became the first area to contact with modern western judicial systems.After the establishment of the Nanjing National Government,Shanghai has always been the heart of its control in addition to the fall of the Anti-Japanese War.The operation of the procuratorial system in Shanghai has largely become a barometer of the judicial situation of the National Government.In addition to the introduction and conclusion,this article is divided into four chapters,each of them expounds on related issues.The introduction part describes the origin of the topic and the research results and literature status of the predecessors,including the definition of time and space.It also sorts out the historical materials used in this article and clarifies the logical mechanism of the article.The first chapter discusses the introduction of the modern procuratorial system in the late Qing and early Republic of China.Starting from a macro perspective of the history of national prosecution,starting from the introduction of the modern western judicial system by the late Qing government in 1907,it briefly summarized the development and changes of the prosecutorial system from the time it took root in China to the national government.Since then,the debate on the existence and abolition of prosecutorial power during the National Government debate has begun.The procuratorial system belongs to the younger generation even in the modern western judicial system,and its birth is accompanied by many controversies.In China,this imported product has been repeatedly criticized in the early days,and has become a common topic in academic circles and practical sessions.The confrontation at previous judicial conferences in the Republic of China is the concentration of this dispute.Combining the theoretical controversy in the academic world,it attempts to present the development context of the dispute over the existence and abolition of the procuratorial system during the Republic of China,and the chain reactions such as the changes in the procuratorial system and procuratorial power caused by it.,And try to analyze its essence and impact.In this context,due to the turbulent situation and the frequent change of political power,the overall development of the local procuratorial system has been slow,so that after the establishment of the National Government,all independent prosecution offices in the country were abolished and the prosecutors were merged into the court.Among them,compared with other parts of the country,the local procuratorate in Shanghai has an uninterrupted development and improvement process.This is inseparable from Shanghai’s special status in modern China.The second chapter observes the operation of the local procuratorial organs of Shanghai during the period of the National Government,namely,the Procuratorate of Shanghai Local Court and the Procuratorate of Shanghai High Court.The operation of the Procuratorate is inseparable from the establishment and employment of prosecutors.During this period,Prosecutor Du Baoqi worked in the Procuratorate of the Shanghai District Court or the High Court before and after the War of Resistance Against Japan,and even served as the chief prosecutor of the Prosecutor’s Office of the Shanghai High Court after the war.Take Du Baoqi as an example.From his essays and letters,you can see the front and backstage of the work of the prosecutor during the National Government.In addition to prosecutors,the registration of clerks,forensics and other personnel also has an important impact on the work of the Procuratorate.In addition to personnel matters,the Shanghai Procuratorate has been conducting modern judicial explorations and attempts on prosecutorial judicial documents at the formal level.When the procuratorial system was established,Chinese grass-roots judicial officials who lacked practical experience had to continue to use traditional judicial documents for the transition.With the development of judicial practice,modern prosecutorial instruments quickly replaced the traditional instruments as a transition,and judicial modernization was achieved at the text level.In addition,the procuratorial organs’ specific functions,that is,the specific level of participation in the investigation and investigation of criminal cases,and the state of their cases are also worthy of collation,induction,analysis,and discussion.The third chapter focuses on many problems of poor operation in the work of Shanghai’s procuratorate.Prosecutors have been given the power to fight corruption at the judicial level,but corruption has always been a problem for the National Government.Although the National Government has formulated a series of anticorruption measures,with a multi-pronged approach to justice and administration,judging from the operation of the Shanghai Local Court Procuratorate and the High Court Procuratorate,supervision is disconnected from the judiciary and the procuratorial organs It cannot bear the punishment of suspected criminal officials,especially for the investigation and punishment of senior officials in the field of politics and law.Anti-corruption work is often reduced to a battlefield where the forces of various parties damage each other for power and gain.There are many foreigners in Shanghai in modern times.The richness of foreign-related criminal cases is far from comparable in other regions.After the war of resistance,the phenomenon of "foreign traitors" and other phenomena appeared.The complicated domestic and foreign relations were hidden behind the cases.In addition,the local procuratorial organs in Shanghai have also made certain attempts to take prosecutorial powers such as proactive crime reporting and cremation review.It is not difficult to find from the judicial practice of the procuratorial organs that modernization at the text level is only a form.In actual operation,the judiciary is still plagued by many traditional factors and has largely become a political tool of the central government.Attempts by the procuratorate itself to promote social modernization through modern justice are also unsuccessful.The fourth chapter is the elaboration of judicial acceptance after the war.During the World War II invasion of China,the Japanese army occupied a large area of land along the eastern coast of China,and successively supported multiple puppet regimes,and finally unified with the puppet regime of Wang.In order to show Japan’s favor,the puppet regime also made changes at the institutional level,and the division of trials and inspections moved closer to Japan.After the National Government regained its lost land,on the one hand,it restored the original judicial system,and on the other hand,it needed to clear the judicial officials of the puppet regime,rebuild the office,and accept unresolved cases,so the issue of judicial acceptance after the war appeared.Although the National Government had formulated a detailed judicial reception plan as early as during its stay in Chongqing,there were still a lot of confusion in the actual reception process,and judicial reception was not good in the overall post-war reception.Judicial acceptance by the procuratorial organ is even more difficult to survive.Despite the efforts of many grassroots prosecutors and judges,they are still not valued by the National Government and the Shanghai Municipal Government.The last part of the review retrospectively summarizes the success and failure of the judicial modernization attempts of the National Government from the perspective of the procuratorial system,and attempts to analyze its roots and crux in the process of system transplantation,namely the official instrumentalism tendency and the continued existence of traditional civil society.The two interacted in the turbulent social environment of the late Qing Dynasty and the Republic of China,and the procuratorial mechanism was not functioning smoothly.It is also a silhouette of the results of modern judicial exploration in modern China.