清末和民国时期的司法独立研究(下)

来源 :环球法律评论 | 被引量 : 0次 | 上传用户:zxw364963027
下载到本地 , 更方便阅读
声明 : 本文档内容版权归属内容提供方 , 如果您对本文有版权争议 , 可与客服联系进行内容授权或下架
论文部分内容阅读
With Western scholarism disseminating gradually in the Orient and under pressures from home and abroad,the late Qing Dynasty had to embark on its judicial reform.The reform basically modeled Western judicial system.However,the transplant of the system and introduction of concepts and principles were not accomplished at the same time,though the two related to each other closely,neither did they have similar assimilating effect.But such situation just provides us with a point of view to study the judicial system during that period.It is exactly what the author intends to do in this article.The article,indeed,has described the actual situation of the development of Chinese judicial system ever since modern times by analysis of the introduction of the core principle of the independence of judiciary in judicial system and the understanding of its cultural significance held by Chinese.Reference is also taken in regard of the practical implementation and operation at institutional level.All of these have revealed cultural,psychological and institutional response and change shwon by Chinese when facing the process of westernization of traditional Chinese judicial system.The author mainly tries to present readers a true picture of actual situation of the introduction of the concept of the independence of judiciary then and threads of its inherent development in the Qing period,in periods of Nanjing Provisional Government of the Republic of China,the Northen Government,the “Educational Government”of the Guomindang Government in Nanjing and the “Constitutional Government”.In presenting this picture,the author has relied on exploration of judicial conditions as well as historical examination of propositions about the independence of judiciary and theories during those periods. With Western scholarism disseminating gradually in the Orient and under from from home and abroad, the late Qing Dynasty had to embark on its judicial reform. The reform basically modeled Western judicial system. Host, the transplant of the system and introduction of concepts and principles were not accomplished at the same time, though the two related to each other closely, neither did they have similar assimilating effect.But such situation just provides us with a point of view to study the judicial system during that period. It is exactly what the author intends to do in this article. The article, indeed, has described the actual situation of the development of Chinese judicial system ever since modern times by analysis of the introduction of the core principle of the independence of judiciary in judicial system and the understanding of its cultural significance held by Chinese. Reference is also taken in regard of the practical implementation and operation at institutional level f these have revealed cultural, psychological and institutional response and change shwon by Chinese when facing the process of westernization of traditional Chinese judicial system. the author mainly tries to present readers a true picture of actual situation of the introduction of the concept of the independence of judiciary then and threads of its inherent development in the Qing period, in periods of Nanjing Provisional Government of the Republic of China, the Northen Government, the “Educational Government ” of the Guomindang Government in Nanjing and the "Constitutional Government .In presenting this picture, the author has relied on exploration of judicial conditions as well as historical examination of propositions about the independence of judiciary and theories during those periods.
其他文献
以十二烷基苯为原料,经硝化、加氢和N烷化制得一种以双叔胺2,4二(N,N二丁基氨基)十二烷基苯为主要成分的新型萃取剂.其中硝化采用混酸硝化法,分两步进行,收率为926%;加氢采用5%钯炭催化
专利挖掘主要涉及两方面内容,即既要富有创造性地挖掘出现有技术中的有价值信息,又要以技术方案的视角来审视被挖掘出来的技术信息。就专利布局而言,分为宏观和微观两层面。
5月18-24日,来自美国、加拿大、西班牙、德国、日本等18个国家的21位海外华文媒体代表开启了感知江苏行活动,媒体团分别走进常州、镇江、南京、昆山,切身感受江南水乡的魅力
2013年3月习近平总书记在访非期间提出了正确义利观,并在此后的多个外交场合演讲中多次提到正确义利观,在最新修订的党章和十九大报告中也都阐述了正确义利观。和平与发展是