Study On The Issue Of Judicial Certainty In Civil Litigation In The Late Qing Dynasty And The Early Republic Of China

In the late Qing dynasty and the early Republic of China,due to the development of society,changes in people’s concepts,and the transplantation of a large number of foreign laws,the judicial standard of certainty became a legal requirement under the background of this era,and certainty is the value orientation of judicial rationality.Through empirical examination of a large number of civil litigation cases,this article explores the transition from judicial uncertainty to certainty in the ruling of civil litigation cases during the late Qing Dynasty and early Republican era.It also provides a rational analysis of the reasons for judicial uncertainty in civil litigation cases during that time,as well as the factors that influence judicial certainty.This article includes four parts.The first chapter mainly studies the basic overview of the "judicial certainty theory of jurisprudence",explaining the meaning of "certainty" and its modern development.Judicial certainty is one of the important goals pursued by judicial activities and has great value and significance for the rule of law and judicial justice.The second chapter analyzes the changes in judicial certainty in civil litigation in the late Qing Dynasty and the early Republic of China and empirically analyzes the certainty and uncertainty of civil litigation judgments in the late Qing Dynasty and the early Republic of China,the conclusion is that the certainty of the civil action judgment has been strengthened in the early Republic of China.The third chapter analyzes the reasons for judicial uncertainty,including the concept of customs and farming,the standards of official assessment,"reasoning" trials,and the reasons for the law itself.The fourth chapter introduces the factors affecting judicial certainty in civil litigation in the late Qing Dynasty and the early Republic of China,which are mainly divided into two parts: internal and external factors.For internal reasons,they are summarized as three points:excellent legal rules,the selection of civil judicial staff,and the slow formation of modern litigation awareness.External factors are also mainly divided into three parts: the introduction of democratic human rights,the spread of the concept of judicial independence,and the impact of Western litigation culture.The legislation at that time,such as the "Court Establishment Law" and the procedural rules formulated by various levels of trial halls,stipulated that judges must give a definite judgment when hearing cases,which can be appealed,but there is a final review system,and uncertain judgments cannot be reviewed indefinitely.This paper studies the above issues based on the theory of judicial certainty of jurisprudence in a specific era background and analyzes a large number of civil cases in the late Qing Dynasty and the early Republic of China using document research methods,historical analysis methods,and empirical research methods.By analyzing cases from different regions,it is analyzed how the judgments in the late Qing Dynasty and the early Republic of China gradually moved towards certainty and what factors influenced the certainty of the judgments.