| In the early years of the Republic of China, the four thirds trial system in the last years of the Qing Dynasty was adopted and put into Practice throughout the country. During the period of the old Gui-Faction Warlord, the three thirds system ,i.e. the system of the third instance as the final,was in practice as elsewhere in the country, under which the inferior departments, local departments and high depart-ments constituted the justice and prosecutorial organs which flaunted in form so-called the independence of trial,public trial, the system of advocary, the system of appeal and the independence of court prosecutor's exercising his official powers,etc.At that time Guangxi High Court and High Prosecutorial Department , Guilin Local court and Local Prosecutorial Department, fuzhou Commercial Port Local Court and Local Prosecutorial Department,Lingui Inferior Court and Prosecutorial Depart-ment,Cangwu Inferior Court and Prosecutorial Department,Lingui Inferior Court Branch and Prosecutorial Department Branch, Cangwu Inferior Court Branch and Prosecu-torial Department Branch formed the three trial and prosecutorial organs. Judicial administrtive affairs were managed by the High Court and the High Prosecutorial De-partment. Guangxi judicial administrations were chiefly in charge of the establish-ment of trial and prosecutorial organs,the selection, appointment of and checking on the judges and court prosecutors and other such personnel administrations, and also in charge of jails, lawyers, notarization, judicial finance and statistics, etc which were closely related to judicial administrations.During the period of the old Gui-Faction Warlord in Guangxi, civil cases were separated from criminal cases, and adjudicative powers from prosecutorial powers. It's stipulated that all the entanglements without charges, concerning marriage, land,debts, contracts and business, belonged to civil cases, which were accepted directly by the courts. Criminal cases, however, must be prosecuted publicly by prosecutors even if they had plaint iffs,otherwise the court wouldn't take up the cases. If a case was prosecuted by formal judicial document by a public prosecutor, it had to be tried without reason by the court and couldn't be reconciled by the victim himself. Having been publicly prosecuted by the prosecutorial department, a criminal case was adjudicated by the court, and then the judgement was enforced under the supervision of a public prosecutor The analysis of the cases dealt with by the prosecutorial department and courts at different levels during the old Gui-Faction period in Guangxi,of the cases refusal to the judgement of the courts, and of the content of the Government Bullitin may come to a conclusion that, first, civi 1 cases and criminal cases can be divided into two periods (the first period: 1912 ?1921: the second period: 1922?924) and each period charged regularly: changes in thefirst period were more regular than in the second period. Second, economic cases tookup more and more proportion.Third,more land cases occured and they showed a stable tendency in changing.More larceny cases in 1912 and 1913,and the years of 1922 and 1923 after LuRongting left office.More offenses of counterfeiting currency, offensesof security,offenses relating to opium and more gambling cases occured.The execution of judicial system in Guangxi had undoubtedly put Guangxi towards a civilized society, but it didn't produce considerable results and influence. Peoplebegan to claim democratic rights directly by law,but were restricted to a great extent. More and more people were active in lawsuits, but lawyers played a minor partin them. The populace went to law against government officials and even won some law-suits,but still seldom.In a semi-colonial and semi-feudal society, the execution of judicial system, which was one of the important part of superstructure, was after all restricted by the economic basis and various kinds of sociol factors, for example, judicature was... |
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