| In the beginning of the Republic of China, legal system is not complete, mostly followed the legal reform in late Qing Dynasty content. At the beginning of the Republic of Dali court originated in the late Qing Dynasty and early Republic of China Dali court after restoration, b ecome the highest judicial organ actually. At the beginning of the Republic of Dali court were a series of civil adjudication in duration. In the early republic of China, the new era, the legal system is not yet complete, source under the condition of chaos, Dali court in civil activities b y the referee in the form of a case, better harmony social transformation of the traditional and modern changes in the civil legal relationship. The civil referee activities for the modern trans ition of civil legislation in China judicial practice experience. This paper with the Dali court i n the early civil referee activity as the research object focuses on the judicial reform in the earl y days, the problem of applicable law in civil judges.The full text is composed of an introduction, text and epilogue three most. In which leads to the topic, thesis objective origin, carding thesis related research results, show that the main ideas of the author, the research train of thought.The text consists of three major points. Firstly, the evolvement of Dali court Settings. Mainly introduces the evolvement of Dali court set the base, marble courtyard complex state a nd marble courtyard organizational structure and civil trial authority and the effectiveness of t he civil judgment. Dali court was originally set up in late Qing Dynasty. System reform in late Qing Dynasty, influenced by the western concept of judicial independence, To Dali temple c ourtyard of the Dali, palm trial change traditional Chinese judicial tradition of executive pow er and judicial power one integrated mass, operation the separation of power and judicial pow er. The late Qing Dynasty legal reform is due to the regime’s demise is terminated, but its refo rm efforts and his portion is absorbed by the Republic of China and continue to deepen. Evolv ement of marble courtyard reset is based on the marble in the late Qing Dynasty courtyard.Secondly, the evolvement of Dali court civil referee activity. From the overall analysis of the early civil procedure.Emphatically analyzed the marble courtyard civil referee in the earl y days of live and principles of legal application of applicable law issues., mainly in the inco mpleteness of legal system, the method of source under the condition of chaos, Dali court how to quoted civil legal origin of the referee. At the same time for marble courtyard civil legal source quoted by the referee process on the basis of analysis on application order.Thirdly, the marble courtyard in the early days of the historical influence of civil referee activity. Focus on analysis of the marble courtyard to the later period of the republic of China in the early days of the effects of the civil legislation and the enlightenment of contemporary j udicial reform in our country.Through research, the author found that the marble courtyard civil referee activity althou gh laid a good foundation for later legislation, but due to the specific social and historical envi ronment at that time, also has some limitations. |
