The Lawyer And The Criminal Compensation Campaign In 1930s

Lawyer, as an occupation having a long and ancient history, first appeared in the slavery society of ancient Rome. As a product of socio-economic development, lawyer has been playing a very important role in the social life. Although professional lawyers emerged very late in the history of China, their roles still can not be ignored in the course of the development of Chinese legal system. Especially in 1930s, in order to protect human rights and perfect judicial system, Legal Association of Republic of China launched a nationwide Criminal Compensation Campaign. This campaign lasts more than ten years. It not only discloses the corruption of the authority, but also provides new information for the battle of human rights.From historical prospects, this article introduces the theoretical basis of the criminal compensation campaign by providing a review of the status of the Criminal Compensation legislation in western countries and the legislative concept in Chinese ancient times. It analyses the social background of the occurrence of the criminal compensation campaign by describing the social status in 1930s in China, which exposes the corruption of the Kuomintang authorities and the judicial system. After analyzing the whole process of this campaign, this article analyses the role of the lawyer in this campaign in details. At the end of this passage, it tells us that if we want to protect human rights, we not only need establish the Constitutional system, but also need establish effective procedure to protect the rights of the lawyer and the party.The introduction provides a simple summary about the existing academic achievement involved in this article and gives the outline of this article. The first part sets about from theoretical basis and social background that the Criminal Compensation Campaign occurred to discuss in details how to be introduced to China and how to be developed as occupation of lawyers in China. The discussion highlighted dominant position of the lawyers in the Criminal Compensation Campaign, expounded Chinese special background in 1930s, stressed the inevitability that the Criminal Compensation Campaign occurred in china in that time. The second part expounded the process of the Criminal Compensation Campaign that included the occurrence, the development, the climax and the end. which highlighted the importance of lawyers in the campaign. The third part set about from the main story of several important lawyers, such as Shen Junru, Shi Liang in order to not only analyze the role of lawyers as leadership and commanders of the campaign, but also analyze the role of other fields in society, such as providing suggestion for the Kuomintang authorities to enact laws and policies, protecting the human rights of the part of innocent personnel, helping the country to recover the jurisdiction. The fourth part analyzes the reasons for the failure of the campaign according to the background and the process of the campaign. Generally speaking, the rule of darkness of the Nanjing Nationalist Government is the fundamental cause of its failure. Legislative and judicial corruption of that time is the indirect cause of its failure. The dominant Self-sufficient natural economy and less developed commodity economy are the social reasons for its failure. In addition, the lack of basic mass is another main reason for its failure. The conclusion is a summary of the full article. According to the reasons for its failure, this article analyzes the significance of the Criminal Compensation Campaign to our today legal system.