Study On The China Reform Of Trial Independence In The Early Of The Republic

For thousands of years, Chinese history is based on the rule of man is given priority to,and the rule of law is very weak. With the advancement of the rule of law construction in China in recent years, the public law consciousness, right consciousness also have the corresponding increase, in this background, the current judicial system can no longer meet the needs of the public’s growing legal consciousness, judicial credibility has received the unprecedented challenges, the complexity of environment situation of judicial reform is unprecedented. The important question about how to improve the judicial credibility,Jinping comrades are involved in the meetings and express the important viewpoints and determination. In 2012 in memory of our current constitution of the 30 th anniversary of the convention, Xi Jinping, presented in a speech to say: "Must deepen the reform of the judicial system, guarantee just exercise the judicial power independently in accordance ";And then in the 2013 work conference of political science and law, Xi Jinping, again through judicial reform "To the people in each judicial cases can feel fair justice".So to speak, by a series of speech can see comrade Xi party in judicial reform efforts and determination. At the same time, these are for our country to further deepen the reform of the judicial work points out a right path, and cause the academia for another round of judicial reform, pay close attention to. Under the background of books in the related research results, in academia, monographs on reform of the judicial field in the early of the republic of China is rare. Reflects the current under the background of judicial reform to the reform of the judicial field in the early days of neglect and lack of research. In general, the author thinks that the lack of the research, the research on judicial Gai Ge Shi a big flaw, this situation also with the national reform of the judicial reform in the early of the republic of China in the global historical position out of proportion.Judicial reform in the early of the republic of China, is the turning point of China’s judicial reform from the system level. Under the condition of the domestic and foreign forces from all obstruction, to the great rejuvenation of the Chinese nation, the bourgeois revolutionaries seized power, establishes a system of government has decided to implement a constitutional monarchy. In this way, the judicial reform has been on the agenda. In the judicial reform in the early of the republic of China, the content of the reform of trial independence also particularly bright eye, therefore has become the focus to research by the authors. This paper briefly introduces the background of the reform of trial independence in the early, summarizes the situation of the implementation of the reform of the system of trial independence in the early days, and then from the system and design, system implementation and operation of the two aspects to give a general introduction of thespecific content of the reform, mainly on the court and the judge system during the period of reform as the main breakthrough of research.The first part, "introduction". Mainly introduced this article selected topic background,research current situation and practical significance, the innovation points, and the problem of difficulty in framing effect.The second part, "the judicial reform in the early history". Due to the system of judge independence is due to against Germany in the early days of follow, modern Chinese intellectuals is generally believed that the land in the form of judicial independence is set,thus giving the authority of the constitution, establish judicial authority, retaining the judicial trial judge, to make it without interference by the parties exercise their respective powers independently in accordance with the law, that is simply a negate the traditional judicial system.The third part, "relevant reform measures of early court independence of the republic of China". This chapter firstly introduces the influence factors of restricting independent courts, and these factors as clues emphatically discusses the evolvement of judicial organ to set up and the main content of the judicial system reform. Including the establishment of the judicial organ includes the establishment of the central judicial organ(justice) and the local judicial organ cut and restructuring. The court reform including the implementation of four San Shen Zhi, public trial, etc.The fourth part, "in the early of the republic of China the judge independence related reforms". Judge reform is mainly manifested in the judges selected method, the specific reform measures including strengthening the judges selected exam examinee qualification requirements, at the same time, the professional education of law and the judge associated job practice requirements, etc. These reform measures, though not fully implementing, it provides a template for subsequent trial independence reform, has the very vital significance.The fifth part, the reflection of the "republic of China in the early trial independence".On the court and the judge in the early days of reform measures have not been well implemented, but for the establishment of the principle of trial independence still plays an important role that nots allow to ignore. Through the reform of trial independence objective analysis, the author thinks that the basic can be revealed in independent and complete system of lower courts cannot be established in the early days of reason, lies mainly in the following aspects: system of trial independence of reality of resistance; Judge independent ideological does not adapt. Beiyang government’s own failure to properly will reform program implementation.The sixth part, the revelation of the "republic of China in the early trial independence".Concluded that restricted the reform of the system of trial independence in the early days of some deep roots, success and gain by the judge, and then based on the realistic national conditions in China, the idea in the current judicial reform target under the condition of society and realization ways, namely the realization of trial independence as the core of justice goal not for regime change; Adhere to the leadership of the party, has the choice of using the experience of foreign legal construction, construction with Chinese characteristics of the system of trial independence.