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Nanjing National Government period the civil justice system to study

Author: XieDongHui
Tutor: GongZuoXiang
School: Nanjing Normal University
Course: Legal Theory
Keywords: Citizen’s Government Civil Adjudication Evolvement of System Procedural Design Evaluation
CLC: D925.1
Type: PhD thesis
Year: 2008
Downloads: 419
Quote: 1
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Abstract

During the period of the civil judicial system being modernized in China,the construction of civil judicial system of Nanjing National government has important theoretical meaning and historical worth,it is worth researching and studying.Firstly,the civil judicial system of Nanjing National government was constructed along with Chinese social transformation internally and the evolvement of external contradiction in modern age.It had inherited the result of the civil judgment before,and its chief source was the national civil judicial system of the civil law system.Although it promoted independent judgment,it interacted with particular social background,and was guided by Kuomintang’s political outline.Secondly,the civil adjudication under the system was mainly carried by the civil division of the court at all levels and the county judicial circuits civil court room according to law.The judicial structure of the system had changed from "four classes and three reviews"to"three classes and three reviews",and to "three classes in principle and two reviews for the exception".The form of judicial organization included the sole-judge proceedings and the full court.Thirdly,some basic principles,such as good faith, honest reputation etc.,had been established in the system to annotate the basic spirits of the civil judgment and guided the practical work of that time.Fourthly,some specific systems,such as jurisdiction,avoidance,evidence and conciliation had played a very important role in civil judgement of Nanjing National government.The jurisdictional system can make the judgement have a smooth beginning,and the system of avoidance can insure impartial process and results of judgement.And the system about evidence is the core of civil judgement,and the conciliation is a valid complement of the judgment.The procedural norms of the system of civil judgement of Nanjing National government were designed around such principles as assuring the correct application of law,and the legal rights of the parties concerned being protected and impartial judgment.Only the judicial organ and its staff member abide by procedural norms can the facts of cases be found out,and the substantive law be applied correctly.In addition,the supervision mechanism had been established during the period of Nanjing National government to guarantee judicial fairness,and the judicial authority to some extent.To sum up,the civil judicial system of the citizen government was not only a complete system with contents in detail,but an applicable one.It had been changed timely to fit the social needs,and continuously had made some legislation perfect to fulfil its value of fairness,and to maintain the benefits of the parties concerned,and to guarantee the society stable.Nanjing National government had taken a step that shoud be affirmed in the modernization of Chinese civil judgment,and gives some enlightenment to the construction of the contemporary civil procedural system.Although the system of the civil judgement of Nanjing National government had some limitations,it had important realistic meaning to the reform of Chinese civil judgment system at present,and it’s historical position can’t be neglected.

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