Research On The Populace Accused Of County Magistrate Of Gansu Province In The Nanjing National Government Period

Populace accused officials has existed since ancient time. So far, there is no a dissertation aims at studying the subject that the populace accused of county magistrate of Gansu province in the Nanjing National Government period. This shows that there is still large room for problem of “the masses suing officials”. In this dissertation, the status of county-leveled region in Gansu province at the period of Nanjing National Government is taken as the breakthrough point, populace accuse the county magistrate is setting as the guiding principle. The essence of “the masses suing officials” system is revealed, meanwhile, the situation of grassroots regime during this period is explored.After the establishment of Nanjing National Government, by inheriting and completing the “administrative litigation system” started and developed from the early period of the Republic of China and the period of Beiyang Government, respectively,the modern administrative litigation system in China is able to be established, the approach of“the masses suing officials” becomes diversified. In the early 1930, to clarify the bureaucracy and ease the contradiction between the official of the people,the National Government issued “presented method of populace accused officials”, it became to the main way to accuse officials for it is easy to be understood and operated. Based on this method, as the organs at higher levels, the provincial government could not only understand the general situation of county-level regime by the factum of the populace accused of county magistrate, but also sets up the government authority by disposal the cases impartially. However, the normal“the masses suing officials” mechanism was difficult to be formed due to the special national conditions and political conditions.In the period of Nanjing National Government, as an important part of local grassroots regime, the county magistrate played the role to implement government policy and put them into practice directly. Gansu province located in the northwest of China, due to the particularity of its geography and politics, the county magistrates worked in an awkward situation that the local affairs were difficult to boost, the county-level regime became weakness and fatigue.Many “the masses suing officials”cases appeared under the background that “the masses suing officials” were supportedand encouraged by the government. As the host of a county, the county magistrate were most be accused. However, the deviation between the ideal and the reality resulted in the large gap between the effect and expectation of the government, the reasons can be drawn as:Firstly, the county magistrates, known as the main body accused by populace,were struggling under the shackles of multiple factors. Under this background, the provincial government give the county magistrate accused by populace a light sentence, while the populace whom false accuse the county magistrate were also not been punished with the relative regulations. Therefore, the public rights and interests had not been maintained, the authority of the county magistrate was affected, the condition of corruption of county level regime was not been improved, the credibility of government were gradually decline. By the research, the fundamental purpose of“the masses suing officials” was to ease the psychological imbalance of the populace and to provide a channel for public complaint, rather than to punish corrupt officials,“the masses suing officials” was essentially means “the masses supervise officials”.Secondly, from the situation of the state power, the National Government were challenged by multiple forces, such as the outside Japanese invasion, the inside factions fight. In this dilemma situation, the National Government focused on the military construction and ignored the political construction, all of that made the“the masses suing officials” system cannot be implemented thoroughly. All these laws and regulations relative to the “the masses suing officials” system became formalistic, any actual effect were not obtained at that time is expected now.