The Research About The Criminal Litigation System Of Nanjing National Government

From the mending-law reform of the end of Qing dynasty, the criminal litigation system of China began the modern historic revolution. When the Nanjing national government came, the criminal litigation system continued to develop on the results of the end of Qing dynasty and the beginning of national government. The codification of criminal litigation system was finally completed and also the system realized its form modernization. However, the criminal litigation system of Nanjing national government didn't come true in the process of judicial practice and some of it even came back to the traditional litigation culture. The contradiction between tradition and modernization, which is the most important subject of Chinese legal modernization, was outstanding in this phase. Although the modernization process of Chinese criminal litigation system is very difficult, it twists and turns from the overall development trend and it worth us to study its progressive significance and historical reference value.The thesis makes the criminal litigation system of Nanjing national government during 1927-1949 as the research object. The first part mainly researches the criminal litigation legislation of Nanjing national government. After the brief statement of the criminal litigation legislation of the end of Qing dynasty and the beginning of national government, the thesis first analyzes the two criminal litigation codes of 1925 and 1938 during Nanjing national government period. And then it analyzes the formulation of the court committees. In the second part, the thesis mainly analyzes the criminal litigation pattern of Nanjing national government and also the theoretical origin and value orientation. In the third part, the thesis researches the criminal litigation prosecutorial system and the judicial system of Nanjing national government period. It is to show all of the criminal litigation system of this period in order to deepen the rational knowledge of it. At last the thesis assesses the criminal litigation system of Nanjing national government from the macroscopic level and raises rough view. In the writer's eyes, the modernization of criminal litigation system of Nanjing national government has the characteristics of integrity and it embodies the conflict between the tradition and modernization in the process of the legal modernization. But the characteristics of pursuing the judicial order and efficiency makes maintaining stable ruling order as the value goal and become the autocratic rule of Nanjing national government. The judicial justice and partification and judicial personnel shortages makes the system lose its value in the process of judicial practice. Of course, it is the historical limitations. After the whole view of the system, the writer thinks that successful legal reform can not depart with the improvement of political system and also the construction of legal culture. It is also what we should study in our criminal litigation system reform. We should treat the criminal litigation system of Nanjing national government in peace and carry on the scientific research and objective conclusion.