Study On The Reform Of Wartime Procuratorial System(1937-1945)

The procuratorial system is the outcome of the development of political civilization to a certain stage,and is an important part of the political judicial system of modern countries.Compared with the judicial system and the administrative system,people have a lower understanding of the procuratorial system in theory and practice,but the importance of the procuratorial system is indelible.Especially in the anti-japanese war,the wartime environment is complex and changeable,the procuratorial system urgently needs to reform to adapt to the wartime judicial environment.In order to adapt to the war situation,the Ministry of Justice made wartime adjustments to the judicial system before the war,mainly simplifying the procedure,improving the procuratorial system and so on,in order to increase the strength of the anti-japanese war,the improvement of the procuratorial system is a weak link in the study of wartime judicial adjudication.Taking the period from 1937 to 1945 as the time and space scope,this paper chooses the reform of the wartime procuratorial system as the object of investigation,and takes the exertion and operation of the procuratorial function as the breakthrough point,with a view to this weak link in the study of the war of resistance to do some supplementary work.This article is composed of five parts,namely:The first part summarizes the background of the procuratorial system reform during the Anti-Japanese War.In order to make a clear contrast with the wartime procuratorial system and to show the core of the reform of the procuratorial system more objectively,this chapter explains the disposition of power and power,the establishment of institutions and the dispute over the existence or abolition of the pre-war procuratorial system.The reform of wartime procuratorial system is inseparable from the Ministry of Judicial Administration.As the leading organ of wartime judicial reform,the general background of its existence is also the prerequisite for the reform of wartime procuratorial system.The second part sums up the reform of the procuratorial organs promoted by the Ministry of Judicial Administration during the Anti-Japanese War.This part of the ministry of Justice administration "improve the procuratorial system" on the abolition of the procuratorial office of the relevant provisions,as well as the abolition of the procuratorial office of the reasons and significance.At the same time,the wartimeenvironment is complex and changeable,and the war zone procuratorial system has undergone great changes.The establishment of the war zone circuit court has brought about tremendous changes in the war zone procuratorial system.This part also summarizes the operation of the procuratorial system of the war zone circuit court.The third part describes the reform of procuratorial power in detail.The function of the procurator in wartime has been changed,which makes the procurator’s power of prosecuting,investigating,prosecuting and self-prosecuting weaken or strengthen.At the same time,the prosecutor not only has the dispatching power of the judicial police,but also gives the prosecutor the right to reward and punish the judicial police.The fourth part,the experimental court is the trial of the wartime judicial reform.This part focuses on the establishment of Bishan experimental court and the reform of its procuratorial system,and makes necessary amendments to the civil and criminal procedure law.he fifth part is the revelation of the wartime procuratorial system reform.In the special historical environment of 1937-1945,the reform of the wartime prosecution system under the leadership of the Ministry of Justice and Administration can be said to be a distinctive representative of that period.It studied the system design and evolution from the legal level,and looked for justice The theoretical origin and practical experience of the operation of laws and procuratorial mechanisms.It is self-evident that the importance of studying the warning and enlightenment of the prosecutorial system of this period for the construction of the rule of law in mainland China today is self-evident.At the same time,we must give necessary attention to the problems and lessons from the wartime procuratorial system...