Research On Criminal Procedure Of Nanjing National Government Legislation

Nanjing National Government's"criminal procedure code of Republic of China"is a comprehensive expression of the criminal procedure reform in China's modern period and a milestone of legislation of criminal procedure's reforms since the end of the Qing. This article takes"criminal procedure code of Republic of China"as a starting point, to recall the reform of criminal procedure in late Qing. Nanjing National Government Legislation in criminal proceedings were analyzed and summarized and groomed, on this basis, the criminal procedure system and content of Nanjing National Government were interpreted. Finally through the above research, the historical status of"the criminal procedure code of Republic of China"is discussed and the inspiration is summed up.This paper is divided into four parts, about 31000 words:The first part: The research on the background of"criminal procedure code of Republic of China".This part mainly reviewed the process of modernization in criminal proceedings, the modern theory of the criminal procedure law were introduced and established, the criminal proceedings of China were affected by the criminal justice of modern Japan after Meiji Restoration, the Republic of China'criminal procedure were influenced by"the draft code of criminal procedure",and some of criminal procedure texts were proposed.The second part: The outline of making process and style and structure of"criminal procedure code of Republic of China". The 1928 code and 1935 code are discussed for the making process and style and structure, and the characteristics of that code are summarized.The third part: The interpretation of criminal procedure and values of"criminal procedure code of Republic of China". This part considers some important and exceeding criminal procedure systems. It contains, the model of impeachment-style and adversarial criminal procedure and the color of inquisitorial doctrine, the rational choice from four three-trial system to three three-trial system, prosecutors and police integration and prosecutor's rights of compulsory disposal, clarification of detention period, the determination force of criminal procedure, the state prosecution and public defense doctrine, the protection of human rights and the trial relief.The fourth part: The historical status and influence of"The criminal procedure code of Republic of China". It mainly talks about the reflection of the defects in the implementation process, the development of outcomes and the review of the historical status, and the significance of reference for the current criminal justice reforms.