A Research On Ping-Zheng-Yuan In The Period Of Northern Warlords Government Of Republic Of China

There's a lot of innovation in political and law system in modern China, and one of this is Ping-Zheng-Yuan which was established in the period of Northern Warlords Government of Republic of China. After the founding of the Northern Warlords Government of Republic of China, the Organic Act of the Ping-Zheng-Yuan was brought out on March 31,1914. The law prescribed the organizations and functions of the Ping-Zheng-Yuan and it was the first Organic Act of the administrative judicial organs which was promulgated and implemented formally in modern China. Accordingly, Ping-Zheng-Yuan was established in Beijing by the Northern Warlords Government in June 1914. This is'the first special trial institution for administrative cases in China', and modern administrative litigation system was in operation in China. It marks the administrative litigation and administrative law were included in the China's legal system, and it has a creative significance for promoting the modernization of China's legal system.Ping-Zheng-Yuan subordinated the President and it was responsible to the President directly. It's equipped with administrative tribunals hearing the cases about administrative litigation and impeachment in the nationwide by the way of administrative trail. After the abolition of Dou-Cha-Yuan, the impeach functions of it had been incorporated into Ping-Zheng-Yuan according to the Organic Act of the Ping-Zheng-Yuan. The Su-Zheng-Ting was established in the Ping-Zheng-Yuan, it was independent of the administrative tribunals, responsible to the President directly, and independently exercised of impeachment and administrative public prosecution functions. In the special political background in the early days of Republic of China, the office of Su-Zheng-Ting was incorporated into the Ping-Zheng-Yuan, carried the dual load both with accepting the administrative litigation and impeaching illegal officials. The Ping-Zheng-Yuan set the dual functions as a whole, the essence of which was introducing the administrative litigation and administrative legislation from western country, and in the meantime mixing the Chinese tradition of attaching great importance to bureaucracy. It made Ping-Zheng-Yuan have dual functions both about administrative litigation in modern times and impeachment in ancient times.Ping-Zheng-Yuan, established and run in the early days of Republic of China, was an important judicial practice in the transition of Chinese supervision system going from traditional to modern. So far as the ideological origin of Ping-Zheng-Yuan is concerned, the Ping-Zheng-Yuan has inherited the splendid part of Chinese traditional supervisory culture, and has been influenced by modern western democracy ideas and constitutionalism civilization. The Ping-Zheng-Yuan, which was established and run in the early days of Republic of China, was the combination of western bourgeois constitutional culture, Chinese traditional legal resources and actual situation of Republic of China at the time.Ping-Zheng-Yuan highly reflects the localized characteristics, combining the supervisory system of traditional Chinese with advanced modern western administrative litigation system and administrative supervisory system. It is necessary to study the Ping-Zheng-Yuan and learn from history. Although there are some defects such as over-constrained by the President, it also has some reasonable factors and practices in administrative litigation can be referenced by the later generations. As an attempt on establishing a new system in the early days of Republic of China, Ping-Zheng-Yuan has positive significance for the formation of administrative litigation system and administrative supervisory system in the modern China.At present, the study on the Ping-Zheng-Yuan in the Northern Warlords Government in the period of Republic of China is not perfect:The background and history about Ping-Zheng-Yuan are not coming clear; the organizational structure and its function remain relatively vague; and there are not objective and reasonable evaluation on the meaning and value about Ping-Zheng-Yuan. There is still a lot of space to research on the Ping-Zheng-Yuan.This paper holds to the dialectical materialism and historical materialism of Marxist's research theory and methods, and strives to keep consistent in history and logic, combine macro with micro. This paper attempts to study the Ping-Zheng-Yuan in the Northern Warlords Government in the period of Republic of China more in-depth basing on the study what others have already done. It used many methods such as method of document retrieval, historical research, comparative study, qualitative analysis and so on to study the Ping-Zheng-Yuan in a relatively complete and systematic way. This paper attempts to explore, comprehensively and in great detail, the background of Ping-Zheng-Yuan's establishment, philosophy of its design, its organizations and functions from a new perspective. Furthermore, this paper innovatively explores the characteristics of Ping-Zheng-Yuan combination of Chinese traditional legal culture and modern western legal culture, and makes an objective and fair assessment on the historical significance and value.