A Study On The Punishment Of Judicial Corruption In The National Government Of The Republic Of China Of Nanjing

This article takes the impeachment cases and punishment cases published in the "Communiqué of the Supervisory Office" as the core materials and research objects,supplemented by circumstantial evidence,to investigate the mechanism of punishing judicial corruption during the Nanjing Nationalist Government and the results achieved,and for the current governance of judicial corruption Provide reference and enlightenment.This article includes three parts: introduction,body and conclusion.The main text is divided into four chapters,specifically:The first chapter sorts out the impeachment cases and punishment cases published in the "Bulletin of the Supervision Court",classifies and summarizes the cases according to the nature of the case,and summarizes and analyzes the judicial corruption of the Nanjing National Government on this basis.Specifically,it includes corruption in judicial operation and judicial execution.Corruption in judicial operation includes illegal arrest,detention,abuse of torture,avoidance of prosecution when knowingly guilty,and prosecution when knowingly innocent.Adjudication,delays in handling the case;corruption in judicial execution includes illegal execution or non-execution,and darkness in prison administration.The second chapter mainly analyzes the Nanjing National Government’s system of punishing judicial corruption.During the period of the Nanjing National Government,the agencies that exercised the power of disciplinary prosecution and the exercise of the power of disciplinary judgment belonged to different departments.These agencies were combined through the forms and procedures prescribed by the law to form a network of systems for punishing judicial corruption during the Nanjing National Government,including twelve Branch system,of which six within the judicial system are "Supreme Court-Judicial Court","Administrative Court-Judicial Court",Judicial Court-Civil Servants Disciplinary Committee,"Supreme Court Prosecutor’s Office-Ministry of Justice Administration",and "High Court(Prosecution)Division)-Ministry of Justice and Administration" and "Ministry of Justice and Administration-Civil Servants Disciplinary Committee",the three outside the judicial system are "Monitoring Yuan-Civil Government","Monitoring Yuan-Central Party Department Supervision Committee" and "Civil Affairs Department-Government",The internal and external aspects of the judicial system are combined with three,namely,the “Supervisory Office-Servant Disciplinary Committee”,“Provincial Government-Servant Disciplinary Committee” and “High Court-Government.”Therefore,this chapter first analyzes the institutions involved in the twelve branch systems,Which focuses on the inspection of the Supervisory Office and the Civil Service Disciplinary Committee.Secondly,it analyzes the operating procedures of the twelve branch systems.Thirdly,analyzes the reasons and methods of punishment.Finally,the supervision,avoidance and guarantee mechanisms within the punishment system are carried out and analysis.The third chapter analyzes the effectiveness of the National Government of the Republic of China in punishing judicial corruption in the form of charts and figures by quantifying the data contained in the cases of impeachment and punishment,on this basis,the author examines the reasons why the National Government of the Republic of China is not effective in punishing judicial corruption from the system level and the concrete operation level.The fourth chapter mainly evaluates the mechanism and effectiveness of the Nanjing National Government’s punishment of judicial corruption,and on this basis analyzes the enlightenment to the governance of judicial corruption in China today.