The fate of judicial independence in Republican China, 1912-37

China Quarterly

Volumn , Issue 149, 1997, Pages 1-28

  Xu, Xiaoqun ^a  

^a NONE

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EID: 5844364780     PISSN: 03057410     EISSN: None     Source Type: Journal    
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References (234)

1. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
2. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
3. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
4. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
5. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
6. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
7. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
8. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
9. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
10. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
11. Among English language works on Chinese law and judiciary in traditional and Republican China are Jean Escarra (trans. Gertrude R. Browne), Chinese Law (Seattle: University of Washington Press, 1936); S. Van Der Sprenkel, Legal Institutions in Manchu China (London: Athlone Press, 1962), Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University Of Pennsylvania Press, 1973); Marinus J. Meijer, The Introduction of Modern Criminal Law in China (Arlington, VA: University Publications of America, 1976); Joseph D. Lowe, The Traditional Chinese Legal Thought (Berkeley: University of California Press, 1984); Leon Vandermeersch, "An enquiry into the Chinese conception of the law," in S. R. Schram (ed.), The Scope of State Power in China (London: School of Oriental and African Studies, 1985); Geoffrey MacCormack, Traditional Chinese Penal Law (Edinburgh: Edinburgh University Press, 1990); Michael R. Dutton, Policing and Punishment in China (Cambridge: Cambridge University Press, 1992); Kathryn Bernhardt and Philip Huang (eds.), Civil Law in Qing and Republican China (Stanford: Stanford University Press, 1994); Geoffrey MacCormack, The Spirit of Traditional Chinese Law (Athens: University of Georgia Press, 1996); Philip Huang, Civil Justice in China: Representation and Practice in the Qing (Stanford: Stanford University Press, 1996).
12. See Shimon Shetreet and Jules Dechenes (eds.), Judicial Independence: The Contemporary Debate (Boston: Klumwer Academic Publishers, 1985), especially the chapter by Shimon Shetreet, "Judicial independence: new conceptual dimensions and contemporary challenges," pp. 590-681.
13. See Shimon Shetreet and Jules Dechenes (eds.), Judicial Independence: The Contemporary Debate (Boston: Klumwer Academic Publishers, 1985), especially the chapter by Shimon Shetreet, "Judicial independence: new conceptual dimensions and contemporary challenges," pp. 590-681.
14. Jerome A. Cohen, "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969), pp. 972-75.
15. Meijer, The Introduction, pp. 38-43; Meribeth E. Cameron, The Reform Movement in China, 1898-1912 (Stanford: Stanford University Press, 1930), pp. 100-135.
16. Meijer, The Introduction, pp. 38-43; Meribeth E. Cameron, The Reform Movement in China, 1898-1912 (Stanford: Stanford University Press, 1930), pp. 100-135.
17. John V. A. MacMurray (ed.), Treaties and Agreements with and concerning China, 1894-1919 (New York: Howard Fertig, 1973), pp. 351, 414, 431.
18. Meijer, The Introduction, pp. 13, 64-65; Cameron, The Reform Movement, pp. 171,173; Douglas R. Reynolds, China, 1898-1912: The Xinzheng Revolution and Japan (Cambridge, MA: Harvard University Press, 1993), p. 181; Benjamin H. Williams, "Extraterritoriality in China," China Weekly Review (CWR), Vol. 21, No. 12 (19 August 1922), p. 450.
19. Meijer, The Introduction, pp. 13, 64-65; Cameron, The Reform Movement, pp. 171,173; Douglas R. Reynolds, China, 1898-1912: The Xinzheng Revolution and Japan (Cambridge, MA: Harvard University Press, 1993), p. 181; Benjamin H. Williams, "Extraterritoriality in China," China Weekly Review (CWR), Vol. 21, No. 12 (19 August 1922), p. 450.
20. Meijer, The Introduction, pp. 13, 64-65; Cameron, The Reform Movement, pp. 171,173; Douglas R. Reynolds, China, 1898-1912: The Xinzheng Revolution and Japan (Cambridge, MA: Harvard University Press, 1993), p. 181; Benjamin H. Williams, "Extraterritoriality in China," China Weekly Review (CWR), Vol. 21, No. 12 (19 August 1922), p. 450.
21. Meijer, The Introduction, pp. 13, 64-65; Cameron, The Reform Movement, pp. 171,173; Douglas R. Reynolds, China, 1898-1912: The Xinzheng Revolution and Japan (Cambridge, MA: Harvard University Press, 1993), p. 181; Benjamin H. Williams, "Extraterritoriality in China," China Weekly Review (CWR), Vol. 21, No. 12 (19 August 1922), p. 450.
22. In 1908-11 he presided over the revision of the Great Qing Legal Cases (Daqing luli), which was enacted in 1910 under the title of Current Law of Punishment of Great Qing (Daqing xianxing xinglü), and the drafting of the New Criminal Code of Great Qing (Daqing xin xinglü), the Criminal Litigation Law (Xingshi susong lü) and the Civil Litigation Law (Minshi susong lü), among a dozen legal codes. Minguo renwu dacidian (Who's Who of the Republic of China) (Hebei: Renmin chubanshe, 1991). For Shen's role in late Qing reform, see Wang Chung-hui, "Law Reform in China," The Chinese Social and Political Science Review, Vol. 2, No. 2 (June 1917), pp. 13-21; Leonard S. Hsu, "The Chinese legal system," CWR, Vol. 24, No. 1 (3 March 1923), pp. 12-16. C.Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), pp. 236-37, Vol. 55, No. 7 (17 January, 1931), p. 256; Meijer, The Introduction; Cameron, The Reform Movement, pp. 171-75.
23. In 1908-11 he presided over the revision of the Great Qing Legal Cases (Daqing luli), which was enacted in 1910 under the title of Current Law of Punishment of Great Qing (Daqing xianxing xinglü), and the drafting of the New Criminal Code of Great Qing (Daqing xin xinglü), the Criminal Litigation Law (Xingshi susong lü) and the Civil Litigation Law (Minshi susong lü), among a dozen legal codes. Minguo renwu dacidian (Who's Who of the Republic of China) (Hebei: Renmin chubanshe, 1991). For Shen's role in late Qing reform, see Wang Chung-hui, "Law Reform in China," The Chinese Social and Political Science Review, Vol. 2, No. 2 (June 1917), pp. 13-21; Leonard S. Hsu, "The Chinese legal system," CWR, Vol. 24, No. 1 (3 March 1923), pp. 12-16. C.Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), pp. 236-37, Vol. 55, No. 7 (17 January, 1931), p. 256; Meijer, The Introduction; Cameron, The Reform Movement, pp. 171-75.
24. In 1908-11 he presided over the revision of the Great Qing Legal Cases (Daqing luli), which was enacted in 1910 under the title of Current Law of Punishment of Great Qing (Daqing xianxing xinglü), and the drafting of the New Criminal Code of Great Qing (Daqing xin xinglü), the Criminal Litigation Law (Xingshi susong lü) and the Civil Litigation Law (Minshi susong lü), among a dozen legal codes. Minguo renwu dacidian (Who's Who of the Republic of China) (Hebei: Renmin chubanshe, 1991). For Shen's role in late Qing reform, see Wang Chung-hui, "Law Reform in China," The Chinese Social and Political Science Review, Vol. 2, No. 2 (June 1917), pp. 13-21; Leonard S. Hsu, "The Chinese legal system," CWR, Vol. 24, No. 1 (3 March 1923), pp. 12-16. C.Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), pp. 236-37, Vol. 55, No. 7 (17 January, 1931), p. 256; Meijer, The Introduction; Cameron, The Reform Movement, pp. 171-75.
25. In 1908-11 he presided over the revision of the Great Qing Legal Cases (Daqing luli), which was enacted in 1910 under the title of Current Law of Punishment of Great Qing (Daqing xianxing xinglü), and the drafting of the New Criminal Code of Great Qing (Daqing xin xinglü), the Criminal Litigation Law (Xingshi susong lü) and the Civil Litigation Law (Minshi susong lü), among a dozen legal codes. Minguo renwu dacidian (Who's Who of the Republic of China) (Hebei: Renmin chubanshe, 1991). For Shen's role in late Qing reform, see Wang Chung-hui, "Law Reform in China," The Chinese Social and Political Science Review, Vol. 2, No. 2 (June 1917), pp. 13-21; Leonard S. Hsu, "The Chinese legal system," CWR, Vol. 24, No. 1 (3 March 1923), pp. 12-16. C.Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), pp. 236-37, Vol. 55, No. 7 (17 January, 1931), p. 256; Meijer, The Introduction; Cameron, The Reform Movement, pp. 171-75.
26. In 1908-11 he presided over the revision of the Great Qing Legal Cases (Daqing luli), which was enacted in 1910 under the title of Current Law of Punishment of Great Qing (Daqing xianxing xinglü), and the drafting of the New Criminal Code of Great Qing (Daqing xin xinglü), the Criminal Litigation Law (Xingshi susong lü) and the Civil Litigation Law (Minshi susong lü), among a dozen legal codes. Minguo renwu dacidian (Who's Who of the Republic of China) (Hebei: Renmin chubanshe, 1991). For Shen's role in late Qing reform, see Wang Chung-hui, "Law Reform in China," The Chinese Social and Political Science Review, Vol. 2, No. 2 (June 1917), pp. 13-21; Leonard S. Hsu, "The Chinese legal system," CWR, Vol. 24, No. 1 (3 March 1923), pp. 12-16. C.Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), pp. 236-37, Vol. 55, No. 7 (17 January, 1931), p. 256; Meijer, The Introduction; Cameron, The Reform Movement, pp. 171-75.
27. In 1908-11 he presided over the revision of the Great Qing Legal Cases (Daqing luli), which was enacted in 1910 under the title of Current Law of Punishment of Great Qing (Daqing xianxing xinglü), and the drafting of the New Criminal Code of Great Qing (Daqing xin xinglü), the Criminal Litigation Law (Xingshi susong lü) and the Civil Litigation Law (Minshi susong lü), among a dozen legal codes. Minguo renwu dacidian (Who's Who of the Republic of China) (Hebei: Renmin chubanshe, 1991). For Shen's role in late Qing reform, see Wang Chung-hui, "Law Reform in China," The Chinese Social and Political Science Review, Vol. 2, No. 2 (June 1917), pp. 13-21; Leonard S. Hsu, "The Chinese legal system," CWR, Vol. 24, No. 1 (3 March 1923), pp. 12-16. C.Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), pp. 236-37, Vol. 55, No. 7 (17 January, 1931), p. 256; Meijer, The Introduction; Cameron, The Reform Movement, pp. 171-75.
28. Pan Nianzhi et al., Zhongguo jindai falü sixiang shi (A History of Legal Thought in Modern China) (Shanghai: Shanghai shehui kexueyuan chubanshe, 1992), pp. 199-201.
29. For the attacks on the New Criminal Code, see Meijer, The Introduction, pp. 43-44, 79-93; Yang Hongli, Zhongguo falü fada shi (A History of the Development of Chinese Laws) (Shangwu yinshuguan, 1930; Shanghai shudian, 1990), p. 894; Meng, "Modern judicial reform," p. 256.
30. For the attacks on the New Criminal Code, see Meijer, The Introduction, pp. 43-44, 79-93; Yang Hongli, Zhongguo falü fada shi (A History of the Development of Chinese Laws) (Shangwu yinshuguan, 1930; Shanghai shudian, 1990), p. 894; Meng, "Modern judicial reform," p. 256.
31. For the attacks on the New Criminal Code, see Meijer, The Introduction, pp. 43-44, 79-93; Yang Hongli, Zhongguo falü fada shi (A History of the Development of Chinese Laws) (Shangwu yinshuguan, 1930; Shanghai shudian, 1990), p. 894; Meng, "Modern judicial reform," p. 256.
32. Meijer, The Introduction, pp. 40-41; Yang Hongli, Zhongguo falü, p. 919.
33. Meijer, The Introduction, pp. 40-41; Yang Hongli, Zhongguo falü, p. 919.
34. The China Yearbook, 1913, pp. 396-97; Chang Yao-tseng, "The present conditions of the Chinese judiciary and its future," The Chinese Social and Political Science Review, Vol. 10, No. 1 (January 1926), p. 172.
35. The China Yearbook, 1913, pp. 396-97; Chang Yao-tseng, "The present conditions of the Chinese judiciary and its future," The Chinese Social and Political Science Review, Vol. 10, No. 1 (January 1926), p. 172.
36. Yang Youjiong, "Zhongguo sifa zhidu zhi zongde guancha" ("Chinese judicial system in retrospect") Zhongguo faxue zazhi (Journal of Chinese Legal Studies), new edition, Vol. 1, Nos. 5-6 (February 1937), p. 28; Pan Nianzhi, Zhongguo jindai, p. 305.
37. Yang Youjiong, "Zhongguo sifa zhidu zhi zongde guancha" ("Chinese judicial system in retrospect") Zhongguo faxue zazhi (Journal of Chinese Legal Studies), new edition, Vol. 1, Nos. 5-6 (February 1937), p. 28; Pan Nianzhi, Zhongguo jindai, p. 305.
38. Minguo renwu dacidian, p. 212.
39. Pan Nianzhi, Zhongguo jindai, pp. 340-42.
40. Yang Hongli, Zhongguo falü, pp. 1032-35.
41. The institution was first called the Commission for Compiling and Examining Laws (Falü biancha hui). In 1918 it was changed back to the late Qing name of Law Codification Commission (Xiuding falü guan). See Yang Hongli, Zhongguo falü, p. 1032.
42. Yang Hongli, Zhongguo falü, pp. 1039-94.
43. Liang Yueng-li (Liang Yunli), "Judicial reform under the Nationalist Government," New China Edition of the China Weekly Review, (10 October 1928), p. 105.
44. Zhengfu gongbao (Government Bulletin), No. 142 (19 September 1912), pp. 108-113.
45. North China Herald (NCH) 11 January 1913, p. 75; Williams, "Extraterritoriality," p. 451. For detail of what transpired during that trial by jury, see NCH, 9 August 1919, pp. 326, 369-370.
46. North China Herald (NCH) 11 January 1913, p. 75; Williams, "Extraterritoriality," p. 451. For detail of what transpired during that trial by jury, see NCH, 9 August 1919, pp. 326, 369-370.
47. North China Herald (NCH) 11 January 1913, p. 75; Williams, "Extraterritoriality," p. 451. For detail of what transpired during that trial by jury, see NCH, 9 August 1919, pp. 326, 369-370.
48. Zhengfu gongbao fenlei huibian (Government Bulletin Compiled in Categories), No. 36, pp. 9-10.
49. Zhengfu gongbao fenlei huibian, No. 36, p. 11.
50. Zhengfu gongbao, No. 301 (9 March 1913), p. 136-141.
51. Zhengfu gongbao fenlei huibian, No. 36, p. 4.
52. Zhengfu gongbao, No. 961 (11 January 1915).
53. In July 1913 Yuan Shikai signed an order to prohibit military personnel from joining political parties. In September the Ministry of the Navy issued an order to the same effect. Meanwhile the Ministry of the Interior ordered police officers not to get involved in political parties. In December 1913 Yuan Shikai signed another order barring both the military and the police from joining political parties. See Zhengfu gongbao fenlei huibian, No. 36, pp. 3-4, 12-13.
54. Zhengfu gongbao, No. 281 (16 October 1916).
55. It pointed out that during recent years some such lawyers had used their connections to get inside information and advertised such connections to attract clients. Zhengfu gongbao, No. 942 (8 September 1918), pp. 121-22; Shi bao (Eastern Times), 16 September 1918, p. 5.
56. It pointed out that during recent years some such lawyers had used their connections to get inside information and advertised such connections to attract clients. Zhengfu gongbao, No. 942 (8 September 1918), pp. 121-22; Shi bao (Eastern Times), 16 September 1918, p. 5.
57. Shi bao, 28 October 1918, p. 5.
58. These judicial workers argued that the rule did not make sense, since it only covered three years and since Ministers and Deputy Ministers of Justice as well as teaching staff of the Judicial Training Institute (Sifajiangxi suo) were not subject to the rule, while they had much closer connections with judges. See Falü pinglun (Law Review), No. 185 (16 January 1927, p. 18.
59. Zhengfu gongbao, No. 595 (29 December 1913); No. 1069 (30 April 1915).
60. Zhengfu gongbao, No. 595 (29 December 1913); No. 1069 (30 April 1915).
61. Zhengfu gongbao, No. 302 (10 March 1913); No. 446 (31 July 1913).
62. Zhengfu gongbao, No. 302 (10 March 1913); No. 446 (31 July 1913).
63. Falü pinglun, No. 1 (1 July 1923), pp. 1, 5.
64. Hollington K. long, "China's progress toward legal reform," Millard's Review, Vol. 6, No. 2 (14 September 1918), p. 53.
65. Falü pinglun, No. 1 (1 July 1923), p. 3.
66. Wang Chonghui, the first Minister of Justice in Beijing (March-July 1912) was a J. D. from Yale University and admitted into English bar. Xu Shiying, who succeeded Wang (July 1912-September 1913), was not trained in foreign schools but was the deputy head of the mission sent to Europe and America by the Qing court to study Western laws in 1910. Liang Qichao (September 1913-February 1914) had a similar background and inclination. Zhang Zongxiang (February 1914-June 1916) was a graduate from Meiji University in Japan. Zhang Yaozeng (June 1916-June 1917), Zhu Shen (March 1918-May 1921) and Cheng Ke (January 1923-January 1924) graduated from Imperial University of Tokyo. Lin Changmin (July-November 1917), Jiang Yong (December 1917-March 1918) and Yao Zheng (June 1927-February 1928) were graduates from Waseda University in Japan. Dong Kang (May-December 1921) also studied law in Japan in 1912-14, Zhang Shizhao (November 1924-July 1925) studied law at Edinburgh University in 1908-11. Ma Junwu (December 1925-March 1926) was a Ph. D. in engineering from Industrial University in Berlin. Luo Wengan (July 1926-June 1927) held a Master's degree in law from Oxford University. See Geng Wentian, Zhongguo zhi sifa (China's Judiciary) (Shanghai: Minzhi shuju, 1933), pp. 27-29; Qian Shifu, Beiyang zhengfu zhiguan nianbiao (A Chronology of the Beiyang Government Officialdom) (Shanghai: Huadong shifan daxue chubanshe, 1991); Mingguo renwu dacidian.
67. Wang Chonghui, the first Minister of Justice in Beijing (March-July 1912) was a J. D. from Yale University and admitted into English bar. Xu Shiying, who succeeded Wang (July 1912-September 1913), was not trained in foreign schools but was the deputy head of the mission sent to Europe and America by the Qing court to study Western laws in 1910. Liang Qichao (September 1913-February 1914) had a similar background and inclination. Zhang Zongxiang (February 1914-June 1916) was a graduate from Meiji University in Japan. Zhang Yaozeng (June 1916-June 1917), Zhu Shen (March 1918-May 1921) and Cheng Ke (January 1923-January 1924) graduated from Imperial University of Tokyo. Lin Changmin (July-November 1917), Jiang Yong (December 1917-March 1918) and Yao Zheng (June 1927-February 1928) were graduates from Waseda University in Japan. Dong Kang (May-December 1921) also studied law in Japan in 1912-14, Zhang Shizhao (November 1924-July 1925) studied law at Edinburgh University in 1908-11. Ma Junwu (December 1925-March 1926) was a Ph. D. in engineering from Industrial University in Berlin. Luo Wengan (July 1926-June 1927) held a Master's degree in law from Oxford University. See Geng Wentian, Zhongguo zhi sifa (China's Judiciary) (Shanghai: Minzhi shuju, 1933), pp. 27-29; Qian Shifu, Beiyang zhengfu zhiguan nianbiao (A Chronology of the Beiyang Government Officialdom) (Shanghai: Huadong shifan daxue chubanshe, 1991); Mingguo renwu dacidian.
68. Wang Chonghui, the first Minister of Justice in Beijing (March-July 1912) was a J. D. from Yale University and admitted into English bar. Xu Shiying, who succeeded Wang (July 1912-September 1913), was not trained in foreign schools but was the deputy head of the mission sent to Europe and America by the Qing court to study Western laws in 1910. Liang Qichao (September 1913-February 1914) had a similar background and inclination. Zhang Zongxiang (February 1914-June 1916) was a graduate from Meiji University in Japan. Zhang Yaozeng (June 1916-June 1917), Zhu Shen (March 1918-May 1921) and Cheng Ke (January 1923-January 1924) graduated from Imperial University of Tokyo. Lin Changmin (July-November 1917), Jiang Yong (December 1917-March 1918) and Yao Zheng (June 1927-February 1928) were graduates from Waseda University in Japan. Dong Kang (May-December 1921) also studied law in Japan in 1912-14, Zhang Shizhao (November 1924-July 1925) studied law at Edinburgh University in 1908-11. Ma Junwu (December 1925-March 1926) was a Ph. D. in engineering from Industrial University in Berlin. Luo Wengan (July 1926-June 1927) held a Master's degree in law from Oxford University. See Geng Wentian, Zhongguo zhi sifa (China's Judiciary) (Shanghai: Minzhi shuju, 1933), pp. 27-29; Qian Shifu, Beiyang zhengfu zhiguan nianbiao (A Chronology of the Beiyang Government Officialdom) (Shanghai: Huadong shifan daxue chubanshe, 1991); Mingguo renwu dacidian.
69. Millard's Review, Vol. 6, No. 8 (26 October 1918), p. 300.
70. Andrew J. Nathan, Peking Politics, 1918-1923 (Berkely: University of California Press, 1976), pp. 72-74.
71. F. T. Cheng, "The Supreme Court in China," Millard's Review, Vol. 16, No. 13 (28 May 1921), p. 673.
72. Francis Zia, "A Chinese jurist's views on extraterritoriality," CWR, Vol. 23, No. 5 (30 December 1922), p. 169.
73. A native of Hexian, Anhui, Xu obtained ajinshi degree in 1903 and then studied law and government in the Translation and Study Institute (Yixue guan) in 1904-07. He joined the Law Codification Commission for a short period and was then appointed the chief justice in the district court in Beijing in 1908 and chief procurator of the high court in Beijing a year later.
74. Minguo renwu dacidian, p. 703; Millard's Review, Vol. 10, No. 12 (22 November 1919), pp. 506-07; George T. Yu, Party Politics in Republican China: The Kuomintang, 1912-1924 (Berkeley: University of California Press, 1966), p. 97.
75. Minguo renwu dacidian, p. 703; Millard's Review, Vol. 10, No. 12 (22 November 1919), pp. 506-07; George T. Yu, Party Politics in Republican China: The Kuomintang, 1912-1924 (Berkeley: University of California Press, 1966), p. 97.
76. Minguo renwu dacidian, p. 703; Millard's Review, Vol. 10, No. 12 (22 November 1919), pp. 506-07; George T. Yu, Party Politics in Republican China: The Kuomintang, 1912-1924 (Berkeley: University of California Press, 1966), p. 97.
77. Falü pinglun, No. 168 (19 September 1926), p. 7.
78. Falü pinglun, No. 185 (16 January 1927), p. 17.
79. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
80. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
81. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
82. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
83. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
84. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
85. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
86. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
87. The judicial practices under the CCP evolved from the Soviet Republic era through the Maoist era to the present. The principle of party dominance over the judiciary has hardly changed, though its forms varied with political climate from period to period. See Trygve Lotverit, Chinese Communism 1931-1934: Experience in Civil Government (Lund: Studentlitterature, 1973), pp. 106-144; W. E. Butler (ed.), The Legal System of the Chinese Soviet Republic, 1931-1934 (Dobbs Ferry, NY: Transnational Publishers, 1983); Franz Michael, "The role of law in traditional, Nationalist and Communist China," The China Quarterly, No. 9 (March 1962); pp. 124-148; Shao-chuan Leng, Justice in Communist China (Dobbs Ferry, NY: Oceana Publications, Inc., 1967); Jerome Alan Cohen, The Criminal Process in the People 's Republic of China, 1949-1963 (Cambridge, MA: Harvard University Press, 1968), pp. 483-506; "The Chinese Communist Party and 'judicial independence': 1949-1959," Harvard Law Review, Vol. 82, No. 5 (March 1969) pp. 967-1006; Liao Kuangsheng, " 'Independent administration of justice' and the PRC legal system," Chinese Law and Government, Vol. 16, Nos.2-3 (Summer-Fall 1983)pp. 123-152; Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China (Albany: SUNY Press, 1985); Laszlo Ladany, Law and Legality in China (London: Hurst & Co., 1992), pp. 52-70.
88. During the transition period when the National Government moved from Guangzhou to Wuhan (13 December 1926-21 February 1927), with the approval of Borodin, the Comintern adviser, a "Temporary Joint Council of the KMT Central Committee and the National Government Commissioners" was organized to function as the supreme authority. Xu Qian was the chairman of this KMT-left-dominated joint council. When the KMT Second Central Committee Third Plenum was convened in Wuhan in March, Xu was one of the nine elected members of the Central Committee Standing Committee. The Plenum also produced a new National Government, of which Xu was one of the five standing commissioners. See Xu Mao, Zhonghua minguo zhengzhi zhidu shi (A History of the Political Institutions of the Republic of China) (Shanghai: Shanghai renmin chubanshe 1992), pp. 187-191.
89. Falü pinglun, No. 206 (13 June 1927), pp. 7-9; NCH, 9 July 1927, p. 48; Minguo renwu dacidian, p. 703.
90. Falü pinglun, No. 206 (13 June 1927), pp. 7-9; NCH, 9 July 1927, p. 48; Minguo renwu dacidian, p. 703.
91. Falü pinglun, No. 206 (13 June 1927), pp. 7-9; NCH, 9 July 1927, p. 48; Minguo renwu dacidian, p. 703.
92. Falü pinglun, No. 198 (17 April 1927), p. 8.
93. After the Communist-led workers' uprising drove away the warlord forces from Shanghai, the Nationalist Revolutionary Army entered the city on 22 March. The Provisional Municipal Government of Shanghai was elected by a meeting of over 4,000 people representing over 1,000 organizations. Zheng was one of the 19 municipal government commissioners, the majority of whom were Communists and labour union representatives. When Chiang Kai-shek decided to get rid of this provisional government, Zheng, along with other commissioners of KMT ties, withdrew from the government. See Tang Zhengchang, Shanghai shi (A History of Shanghai) (Shanghai: Shanghai renmin chubanshe, 1989), pp. 623-26; NCH, 2 April 1927, p. 16.
94. After the Communist-led workers' uprising drove away the warlord forces from Shanghai, the Nationalist Revolutionary Army entered the city on 22 March. The Provisional Municipal Government of Shanghai was elected by a meeting of over 4,000 people representing over 1,000 organizations. Zheng was one of the 19 municipal government commissioners, the majority of whom were Communists and labour union representatives. When Chiang Kai-shek decided to get rid of this provisional government, Zheng, along with other commissioners of KMT ties, withdrew from the government. See Tang Zhengchang, Shanghai shi (A History of Shanghai) (Shanghai: Shanghai renmin chubanshe, 1989), pp. 623-26; NCH, 2 April 1927, p. 16.
95. CWR, Vol. 18, No. 10 (5 November 1921),p. 448; NCH, 21 May 1927, p. 330; Minguo renwu dacidian, p. 1520.
96. CWR, Vol. 18, No. 10 (5 November 1921),p. 448; NCH, 21 May 1927, p. 330; Minguo renwu dacidian, p. 1520.
97. CWR, Vol. 18, No. 10 (5 November 1921),p. 448; NCH, 21 May 1927, p. 330; Minguo renwu dacidian, p. 1520.
98. North China Daily News, 17 May 1927, p. 12; NCH, 21 May 1927, p. 330.
99. North China Daily News, 17 May 1927, p. 12; NCH, 21 May 1927, p. 330.
100. North China Daily News, 19 May 1927, p. 6.
101. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
102. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
103. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
104. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
105. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
106. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully
107. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
108. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
109. The dismissal of Lu turned out to be a mini-saga. After the Jiangsu Provincial Government ordered his dismissal, Lu refused to step down and appealed to the National Government arguing that the order of the Provincial Government was in violation of the Provisional Constitution which guaranteed the tenure of judges and of the Law Governing Discipline of Judicial Officers which provided procedures for dismissing judges. He issued a statement to refute the accusation that he was not active in suppressing Communists. Lu successfully petitioned the Military Commission in Nanjing to restrain local military authorities from demanding for extradition of persons prosecuted at the Provisional Court, but only to see the commission's decision in his favour overturned after the counter-petition of the garrison headquarters. Finally, when the National Government created the Committee of Disciplinary Punishment for Judicial Officers in mid-1928, the Jiangsu Provincial Government laid five charges against Lu before the committee. Lu was found guilty and removed from the post in August 1928. CWR, Vol. 42, No. 8 (22 October 1927), p. 216; NCH, 22 October 1927, p. 144; 5 November 1927, p. 231; 19 November 1927, p. 317; 26 November 1927, p. 360; 7 July 1928, pp. 12-13; 14 July 1928, p. 60; 21 July 1928, p. 103; 4 August 1928, p. 198.
110. NCH, 11 August 1928, p. 234; Thomas B. Stephens, Order and Discipline in China: The Shanghai Mixed Court, 1911-1927 (Seattle: University of Washington Press, 1992), pp. 117-18.
111. NCH, 11 August 1928, p. 234; Thomas B. Stephens, Order and Discipline in China: The Shanghai Mixed Court, 1911-1927 (Seattle: University of Washington Press, 1992), pp. 117-18.
112. NCH, 10 August 1929, p. 218.
113. Falü pinglun, No. 199 (24 April 1927), p. 13.
114. Falü pinglun, No. 206 (13 June 1927), p. 7; No. 207 (20 June 1927), pp. 14-16.
115. Falü pinglun, No. 206 (13 June 1927), p. 7; No. 207 (20 June 1927), pp. 14-16.
116. Falü pinglun, No. 207 (20 June 1927), p. 14. It was Chen Hexian who initiated and finally succeeded in dismissing Lu Xingyuan.
117. Falü pinglun, No. 214 (7 August 1927), p. 6.
118. Shi bao, 22 February 1929, p. 4.
119. Sifa gongbao (Judicial Bulletin), No. 9 (9 March 1929), back cover; No. 12 (30 March 1929), p. 1.
120. Sifa gongbao (Judicial Bulletin), No. 9 (9 March 1929), back cover; No. 12 (30 March 1929), p. 1.
121. Sifa gongbao, No. 29 (25 March 1935), pp. 1-3.
122. The actual impact of the Training Institute for Judges appears to have been limited. From 1930 to 1935, it graduated 428 judges, 75 prison officers and 61 judicial secretaries. By comparison, the total number of judges in the country in 1936 was 2,382 and of procurators, 1,071. See Sifa yuan faguan xunliansuo gailan (An Overview of the Judicial Council 's Training institute for Judges) Nanjing, 1935), p. 66; Faling zhoukan, No. 335 (2 December 1936), Legal News, p. 2; The International Relations Committee, Twenty-Five Years of the Chinese Republic (Nanjing, 1937), p. 23.
123. The actual impact of the Training Institute for Judges appears to have been limited. From 1930 to 1935, it graduated 428 judges, 75 prison officers and 61 judicial secretaries. By comparison, the total number of judges in the country in 1936 was 2,382 and of procurators, 1,071. See Sifa yuan faguan xunliansuo gailan (An Overview of the Judicial Council 's Training institute for Judges) Nanjing, 1935), p. 66; Faling zhoukan, No. 335 (2 December 1936), Legal News, p. 2; The International Relations Committee, Twenty-Five Years of the Chinese Republic (Nanjing, 1937), p. 23.
124. The actual impact of the Training Institute for Judges appears to have been limited. From 1930 to 1935, it graduated 428 judges, 75 prison officers and 61 judicial secretaries. By comparison, the total number of judges in the country in 1936 was 2,382 and of procurators, 1,071. See Sifa yuan faguan xunliansuo gailan (An Overview of the Judicial Council 's Training institute for Judges) Nanjing, 1935), p. 66; Faling zhoukan, No. 335 (2 December 1936), Legal News, p. 2; The International Relations Committee, Twenty-Five Years of the Chinese Republic (Nanjing, 1937), p. 23.
125. Shi bao, 17 December 1928, p. 6.
126. Shanghai lüshi gonghui baogao shu (The Report of the Shanghai Bar Association), No. 30 (April 1932), p. 146.
127. NCH, 5 April 1930, p. 94; Zhonghuafaxue zazhi, Vol. 5, No. 7 (July 1934), pp. 18-19; New edition, Vol. 1, Nos. 5-6 (February 1937), pp. 41-42.
128. NCH, 5 April 1930, p. 94; Zhonghuafaxue zazhi, Vol. 5, No. 7 (July 1934), pp. 18-19; New edition, Vol. 1, Nos. 5-6 (February 1937), pp. 41-42.
129. NCH, 5 April 1930, p. 94; Zhonghuafaxue zazhi, Vol. 5, No. 7 (July 1934), pp. 18-19; New edition, Vol. 1, Nos. 5-6 (February 1937), pp. 41-42.
130. NCH, 30 November 1932, p. 334.
131. Falü pinglun, No. 214 (7 August 1927), p. 6.
132. Falü pinglun, Vol. 6, No. 29 (28 April 1929), pp. 19-22.
133. Zhonghua faxue zazhi, Vol. 1, No. 1 (September 1930), pp. 1-12.
134. Liang Yueng-li, "Judicial reform," p. 106.
135. Minguo renwu dacidian, pp. 543-44.
136. Zhonghua faxue zazhi, Vol. 5, Nos. 11-12 (November-December 1934), pp. 1-27.
137. Ibid. p. 3.
138. Ibid. p. 7.
139. Ibid. pp. 7-9.
140. Ibid. p. 23.
141. Di'er lishi dang'an guan, Zhonghua minguo shi dang'an ziliao huibian (A Compilation of Archival Materials on the History of the Republic of China) (Nanjing: Jiangsu guji chubanshe, 1986), Vol. 4, pp. 1555-58.
142. Ibid. pp. 1558-62.
143. Ibid. p. 1562.
144. For the KMT government's repeated and failed efforts to revise treaties and abolish extraterritoriality, see Wesley R. Fishel, The End of Extraterritoriality in China (Berkeley: University of California Press, 1952); Wu Dongzhi, Zhongguo waijiao shi: Zhonghua minguo shiqi, 1911-1949 (A Diplomatic History of China: The Period of the Republic of China, 1911-1949) (Kaifeng: Henan renmin chubanshe, 1990), pp. 198-207.
145. For the KMT government's repeated and failed efforts to revise treaties and abolish extraterritoriality, see Wesley R. Fishel, The End of Extraterritoriality in China (Berkeley: University of California Press, 1952); Wu Dongzhi, Zhongguo waijiao shi: Zhonghua minguo shiqi, 1911-1949 (A Diplomatic History of China: The Period of the Republic of China, 1911-1949) (Kaifeng: Henan renmin chubanshe, 1990), pp. 198-207.
146. Falü pinglun, No. 214 (7 August 1927) p. 4.
147. Suisheng Zhao, Power by Design (Honolulu: University of Hawaii Press, 1996); Guo Xuyin, Guomindang paixi douzheng shi (A History of the KMT Factional Strife (Shanghai: Shanghai renmin chubanshe, 1992), pp. 116-6.
148. Suisheng Zhao, Power by Design (Honolulu: University of Hawaii Press, 1996); Guo Xuyin, Guomindang paixi douzheng shi (A History of the KMT Factional Strife (Shanghai: Shanghai renmin chubanshe, 1992), pp. 116-6.
149. Quanguo sifa huiyi huibian (A Compilation of the National Judicial Conference Proceedings (Nanjing, 1935).
150. To cite a few, Tao Huizen, Zhonghua sifa zhidu (China 's Judicial System) (Shanghai: Shanwu yinshuguan, 1926), p. 6; Wang Chengzhi, Zhonghua sifa wenti (Issues Concerning China's Judiciary (Shanghai: Sanmin shudian, 1929), p. 5; Wan Deyi, Zhonghua sifa zhidu yipie (A Glance at China's Judicial System) (Hangzhou: Zhejiang faxue yanjiuhui, 1931), p. 8.
151. To cite a few, Tao Huizen, Zhonghua sifa zhidu (China 's Judicial System) (Shanghai: Shanwu yinshuguan, 1926), p. 6; Wang Chengzhi, Zhonghua sifa wenti (Issues Concerning China's Judiciary (Shanghai: Sanmin shudian, 1929), p. 5; Wan Deyi, Zhonghua sifa zhidu yipie (A Glance at China's Judicial System) (Hangzhou: Zhejiang faxue yanjiuhui, 1931), p. 8.
152. To cite a few, Tao Huizen, Zhonghua sifa zhidu (China 's Judicial System) (Shanghai: Shanwu yinshuguan, 1926), p. 6; Wang Chengzhi, Zhonghua sifa wenti (Issues Concerning China's Judiciary (Shanghai: Sanmin shudian, 1929), p. 5; Wan Deyi, Zhonghua sifa zhidu yipie (A Glance at China's Judicial System) (Hangzhou: Zhejiang faxue yanjiuhui, 1931), p. 8.
153. Chang, "Present conditions," p. 172-73; Yu Qizhang, "Minguo yilai xin sifa zhidu" ("The new judicial system since [the founding of] the Republic"), Falü pinglun, No. 244 (27 February 1928), pp. 1-2;
154. Chang, "Present conditions," p. 172-73; Yu Qizhang, "Minguo yilai xin sifa zhidu" ("The new judicial system since [the founding of] the Republic"), Falü pinglun, No. 244 (27 February 1928), pp. 1-2;
155. Tao Huizeng, Zhonghua sifa zhidu, p. 10; Wang Zhengji, Zhonghua sifa wenti, pp. 9-10; C. Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), p. 214.
156. Tao Huizeng, Zhonghua sifa zhidu, p. 10; Wang Zhengji, Zhonghua sifa wenti, pp. 9-10; C. Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), p. 214.
157. Tao Huizeng, Zhonghua sifa zhidu, p. 10; Wang Zhengji, Zhonghua sifa wenti, pp. 9-10; C. Y.W. Meng, "Modern judicial reform in China," CWR, Vol. 55, No. 6 (10 January 1931), p. 214.
158. Zhonghua minguo fagui daquan (A Complete Compilation of Laws and Regulations of the Republic of China) (Shanghai: Shangwu yinshuguan, 1936), pp. 5555-57.
159. Tao Huizeng, Zhonghua sifa zhidu, p. 11; Meng, "Modern judicial reform in China," p. 235; Zhonghua minguo xianxing fagui daquan (A Complete Compilation of the Laws and Regulations in Effect of the Republic of China) (Shanghai: Shangwu yinshuguan, 1934), pp. 1127-28.
160. Tao Huizeng, Zhonghua sifa zhidu, p. 11; Meng, "Modern judicial reform in China," p. 235; Zhonghua minguo xianxing fagui daquan (A Complete Compilation of the Laws and Regulations in Effect of the Republic of China) (Shanghai: Shangwu yinshuguan, 1934), pp. 1127-28.
161. Tao Huizeng, Zhonghua sifa zhidu, p. 11; Meng, "Modern judicial reform in China," p. 235; Zhonghua minguo xianxing fagui daquan (A Complete Compilation of the Laws and Regulations in Effect of the Republic of China) (Shanghai: Shangwu yinshuguan, 1934), pp. 1127-28.
162. Chang Yao-tseng, "Present conditions," pp. 172-73; Yang Youjiong, "Zhonghua sifa zhidu," pp. 30-31.
163. Chang Yao-tseng, "Present conditions," pp. 172-73; Yang Youjiong, "Zhonghua sifa zhidu," pp. 30-31.
164. Zhengfu gongbao, No. 280 (16 February 1913), p. 114; Zhengfu gongbao fenlei huibian, No. 36, p. 14; Faling daquan (A Complete Compilation of Laws) (1914), p. 915.
165. Zhengfu gongbao, No. 280 (16 February 1913), p. 114; Zhengfu gongbao fenlei huibian, No. 36, p. 14; Faling daquan (A Complete Compilation of Laws) (1914), p. 915.
166. Zhengfu gongbao, No. 280 (16 February 1913), p. 114; Zhengfu gongbao fenlei huibian, No. 36, p. 14; Faling daquan (A Complete Compilation of Laws) (1914), p. 915.
167. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
168. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
169. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
170. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
171. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
172. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
173. Zhengfu gongbao fenlei huibian, No. 16, pp. 4, 14-15, No. 17, pp. 86-87. These and other abuses were also testified to by foreign observers. For example, see "Dollar and tael in Shansi," NCH, 24 July 1915, p. 219; "Tortures of prisoners," ibid., 30 June 1917, p. 753; "Yamen harpies of Kuechow," ibid., 3 November 1917, p. 267; "Scandal of Chinese 'justice'," ibid., 10 August 1918, p. 331; "China's judicial atrocities," ibid., 26 April 1924, p. 127.
174. Chang Yao-tseng, "Present conditions," p. 172-73; Dongfang zazhi (Eastern Miscellanies), Vol. 12, No. 2 (the section of Chinese chronicles).
175. Chang Yao-tseng, "Present conditions," p. 172-73; Dongfang zazhi (Eastern Miscellanies), Vol. 12, No. 2 (the section of Chinese chronicles).
176. Shi bao, 5 November 1914, p. 5.
177. Shi bao, 24 December 1914, p. 5.
178. Zhengfu gongbao fenlei huibian, No. 17, p. 87.
179. Deng Changyao, Xianshu zhi baibi (One Hundred Abuses at the County Office) (Guihuacheng qinglongzai, 1925). This general picture of the judicial process at the county level at that time makes a revealing comparison with the Qing period. A recent study on the role of yamen runners in the county judicial process during the Qing is Bradly W. Reed, "Money and justice: clerks, runners, and the magistrate's court in late Imperial Sichuan," Modem China, Vol. 21, No. 3 (July 1995), pp. 345-382.
180. Deng Changyao, Xianshu zhi baibi (One Hundred Abuses at the County Office) (Guihuacheng qinglongzai, 1925). This general picture of the judicial process at the county level at that time makes a revealing comparison with the Qing period. A recent study on the role of yamen runners in the county judicial process during the Qing is Bradly W. Reed, "Money and justice: clerks, runners, and the magistrate's court in late Imperial Sichuan," Modem China, Vol. 21, No. 3 (July 1995), pp. 345-382.
181. Paling zhoukan, No. 148 (3 May 1933), p. 3; Liu Zhen, Lüshi daode lun (On Lawyer's Ethics (Shanghai: Shangwu yinshuguan, 1934), p. 34.
182. Paling zhoukan, No. 148 (3 May 1933), p. 3; Liu Zhen, Lüshi daode lun (On Lawyer's Ethics (Shanghai: Shangwu yinshuguan, 1934), p. 34.
183. Shanghai lushi gonghui huiyuan yingxing zhuyi shixiang, p. 17; Paling zhoukan, No. 87-90 (23 March 1932), p. 1; Sifa gongbao, No. 18 (29 January 1935), pp. 17-18; Sifa xingzheng gongbao (Bulletin of Judicial Administration), No. 2 (15 February 1932), p. 53.
184. Shanghai lushi gonghui huiyuan yingxing zhuyi shixiang, p. 17; Paling zhoukan, No. 87-90 (23 March 1932), p. 1; Sifa gongbao, No. 18 (29 January 1935), pp. 17-18; Sifa xingzheng gongbao (Bulletin of Judicial Administration), No. 2 (15 February 1932), p. 53.
185. Shanghai lushi gonghui huiyuan yingxing zhuyi shixiang, p. 17; Paling zhoukan, No. 87-90 (23 March 1932), p. 1; Sifa gongbao, No. 18 (29 January 1935), pp. 17-18; Sifa xingzheng gongbao (Bulletin of Judicial Administration), No. 2 (15 February 1932), p. 53.
186. Shanghai lushi gonghui huiyuan yingxing zhuyi shixiang, p. 17; Paling zhoukan, No. 87-90 (23 March 1932), p. 1; Sifa gongbao, No. 18 (29 January 1935), pp. 17-18; Sifa xingzheng gongbao (Bulletin of Judicial Administration), No. 2 (15 February 1932), p. 53.
187. Falü pinglun, No. 238, (22 January 1928), pp. 24-26.
188. Hung-mao Tien, Government and Politics in Kuomintang China, 1927-1937 (Stanford: Stanford University Press, 1972), pp. 130-31.
189. According to the statistics of 1932, 25.1% of them were graduates of colleges; 23% were from schools of law and government; 16.1% from military and police academies; and 35.8% had lower level of education. Ibid. pp. 137-38. Appointed by provincial governments, magistrates were to be approved by the Ministry of the Interior and later the Examination Council, but because provincial governments rarely submitted lists of magistrates in office and candidates for the position to Nanjing, the central government actually had little role in selecting and evaluating county magistrates. Ibid. 135.
190. According to the statistics of 1932, 25.1% of them were graduates of colleges; 23% were from schools of law and government; 16.1% from military and police academies; and 35.8% had lower level of education. Ibid. pp. 137-38. Appointed by provincial governments, magistrates were to be approved by the Ministry of the Interior and later the Examination Council, but because provincial governments rarely submitted lists of magistrates in office and candidates for the position to Nanjing, the central government actually had little role in selecting and evaluating county magistrates. Ibid. 135.
191. Guomin zhengfu neizhengbu, Xianzhang xuzhi (What County Magistrates Ought to Know) (Nanjing, 1928), pp. 75-77.
192. Sifa gongbao, No. 74 (5 November 1935), p. 8.
193. Sifa gongbao, No. 83 (20 December 1935), pp. 46-47. Falü pinglun, Vol. 6, No. 43 (4 August 1929), pp. 16-17 contains a report of the investigation in the court at Zhongshan County, Guangdong province, where abuses were rampant. After litigants submitted lawsuits, they would have to wait one week in criminal cases and five weeks in civil cases to get a first hearing, then it would be at least seven to eight weeks before the next hearing was held. A case could run several years, but its speed depended on how much money the litigant spent and how many connections he or she had. Once accused, criminal defendants were automatically detained and some defendants were gaoled for years without being convicted. Judicial police would give false information without having done any investigation, and the judge would not check the report for accuracy. Judicial police were responsible for checking the credibility of property owners who put up bail for defendants, and this gave them opportunities to extort money. Secretaries, record keepers and judicial police would advertise their connections to take bribes and bend rules. Gaol guards would mistreat inmates and allow old inmates to abuse new ones. The report was published, said the editor, because the same problems must have existed to a greater extent in those counties where there were no courts. It also shows that even the presence of a county court would not necessarily end all the injustice in the county judicial process.
194. Sifa gongbao, No. 83 (20 December 1935), pp. 46-47. Falü pinglun, Vol. 6, No. 43 (4 August 1929), pp. 16-17 contains a report of the investigation in the court at Zhongshan County, Guangdong province, where abuses were rampant. After litigants submitted lawsuits, they would have to wait one week in criminal cases and five weeks in civil cases to get a first hearing, then it would be at least seven to eight weeks before the next hearing was held. A case could run several years, but its speed depended on how much money the litigant spent and how many connections he or she had. Once accused, criminal defendants were automatically detained and some defendants were gaoled for years without being convicted. Judicial police would give false information without having done any investigation, and the judge would not check the report for accuracy. Judicial police were responsible for checking the credibility of property owners who put up bail for defendants, and this gave them opportunities to extort money. Secretaries, record keepers and judicial police would advertise their connections to take bribes and bend rules. Gaol guards would mistreat inmates and allow old inmates to abuse new ones. The report was published, said the editor, because the same problems must have existed to a greater extent in those counties where there were no courts. It also shows that even the presence of a county court would not necessarily end all the injustice in the county judicial process.
195. Falü pinglun, No. 215 (14 August 1927), p. 8; NCH, 8 December 1928, p. 385.
196. Falü pinglun, No. 215 (14 August 1927), p. 8; NCH, 8 December 1928, p. 385.
197. Falü pinglun, Vol. 6, No. 31 (20 May 1929), pp. 36-37.
198. Zhonghua falü zazhi, Vol. 5, Nos. 8-9 (September 1934), pp. 73-74.
199. Wang Chengzhi, Zhonghua sifa wenti, p. 50.
200. Peng Shi, "Lun xian sifa gaige zhi yaodian" ("On the key points of county judicial reform"), Falü pinglun, Vol. 6, No. 34 (2 June 1929), pp. 3-8.
201. Falü pinglun, No. 215 (14 August 1927), p. 8.
202. Jia Dehuai, Minguo caizheng shi (A History of the Finance of the Republic) (Shanghai: Shangwu yinshuguan, 1941), p. 234.
203. Hung-mao Tien, Government and Politics in Kuomintang China, pp. 73-78, 151-53.
204. Jia Dehuai, Minguo caizheng shi, p. 235.
205. Ibid. pp. 229, 239; another source indicates that the military spending for 1934 was 373,000,000 yuan or 48.5% of total government expenditure. See "Minister Kung in report says military expenditures are crux of China's financial problem," CWA, Vol. 72, No. 12 (18 May 1935), pp. 386-88.
206. Ibid. pp. 229, 239; another source indicates that the military spending for 1934 was 373,000,000 yuan or 48.5% of total government expenditure. See "Minister Kung in report says military expenditures are crux of China's financial problem," CWA, Vol. 72, No. 12 (18 May 1935), pp. 386-88.
207. Jia Dehuai, Minguo caizheng shi, pp. 645-48. In Jiangsu province for example, the judicial outlay was 2,932,302 yuan, or 10.51% of the total outlay (27,889,938 yuan), which was slightly over the expenditure on administration (9.75%) but lower than the expenditures on education and cultural affairs (20.59%), public security (13.22%), construction (19.87%), and debt payments (14.38%).
208. Falü pinglun, No. 216 (21 August 1927), pp. 8-9.
209. Sifa yuan, Ershisan niandu sifa tongji (Judicial Statistics for the Year of Twenty-three) (Nanjing, 1936), p. 41; Zhonghua falü zazhi, Vol. 6, No. 10 (1935), p. 73.
210. Sifa yuan, Ershisan niandu sifa tongji (Judicial Statistics for the Year of Twenty-three) (Nanjing, 1936), p. 41; Zhonghua falü zazhi, Vol. 6, No. 10 (1935), p. 73.
211. Quanguo sifa huiyi huibian.
212. Ibid.; Anna Ginsbourg, "First national judicial conference in China," CWA, Vol. 74, No. 11 (16 November 1935), pp. 388-89.
213. Ibid.; Anna Ginsbourg, "First national judicial conference in China," CWA, Vol. 74, No. 11 (16 November 1935), pp. 388-89.
214. Wu Xueyi, Sifa jianshe yu sifa rencai (Judicial Constructionand Judicial Personnel) (Chongqing: Guomin tushushe, 1941), pp. 3-4.
215. The document appeared in Faling zhoukan, No. 303 (22 April 1936), Law and Ordinance, pp. 1-2; Xiandai sifa (Modem Judiciary), Vol. 1, No. 8 (1936), pp. 179-81.
216. The document appeared in Faling zhoukan, No. 303 (22 April 1936), Law and Ordinance, pp. 1-2; Xiandai sifa (Modem Judiciary), Vol. 1, No. 8 (1936), pp. 179-81.
217. Faling zhoukan, No. 314 (8 July 1936), Law and ordinance, pp. 7-9; No. 329 (21 October 1936), Law and ordinance, p. 3; Shen bao (Shanghai News), 4 December 1936, p. 10; 25 February 1937, p. 16.
218. Faling zhoukan, No. 314 (8 July 1936), Law and ordinance, pp. 7-9; No. 329 (21 October 1936), Law and ordinance, p. 3; Shen bao (Shanghai News), 4 December 1936, p. 10; 25 February 1937, p. 16.
219. Faling zhoukan, No. 314 (8 July 1936), Law and ordinance, pp. 7-9; No. 329 (21 October 1936), Law and ordinance, p. 3; Shen bao (Shanghai News), 4 December 1936, p. 10; 25 February 1937, p. 16.
220. Faling zhoukan, No. 314 (8 July 1936), Law and ordinance, pp. 7-9; No. 329 (21 October 1936), Law and ordinance, p. 3; Shen bao (Shanghai News), 4 December 1936, p. 10; 25 February 1937, p. 16.
221. Faling zhoukan, No. 331 (4 November 1936), Comments, p. 2.
222. Falü pinglun, No. 326 (12 January 1930), pp. 30-31.
223. The Editor, "Judicial administration in China," The Chinese Social and Political Science Review, Vol. 14, No. 4 (October 1930), pp. 432-33.
224. Sifa yuan, Ershisan niandu, pp. 41-71; Twenty-Five Years of the Chinese Republic, p. 22.
225. Sifa yuan, Ershisan niandu, pp. 41-71; Twenty-Five Years of the Chinese Republic, p. 22.
226. Faling zhoukan, No. 295 (26 February 1936), Legal News, p. 1.
227. NCH, 24 February 1937, p. 346.
228. This part of the story is to be told elsewhere.
229. Recent studies on Taiwan's political changes tend to neglect this issue. The following books, for example, have no discussion of it: Harvey J. Feldman (ed.). Constitutional Reform and the Future of the Republic of China (New York: M. E. Sharpe, 1991); Tun-jen Cheng et al. (eds.), Political Change in Taiwan (Boulder, CO: Lynne Rienner, 1992); Peter R. Moody, Jr., Political Change on Taiwan (New York: Praeger, 1992); Janshieh Joseph Wu, Taiwan 's Democratization: Forces Behind the New Momentum (Oxford: Oxford University Press, 1995).
230. Recent studies on Taiwan's political changes tend to neglect this issue. The following books, for example, have no discussion of it: Harvey J. Feldman (ed.). Constitutional Reform and the Future of the Republic of China (New York: M. E. Sharpe, 1991); Tun-jen Cheng et al. (eds.), Political Change in Taiwan (Boulder, CO: Lynne Rienner, 1992); Peter R. Moody, Jr., Political Change on Taiwan (New York: Praeger, 1992); Janshieh Joseph Wu, Taiwan 's Democratization: Forces Behind the New Momentum (Oxford: Oxford University Press, 1995).
231. Recent studies on Taiwan's political changes tend to neglect this issue. The following books, for example, have no discussion of it: Harvey J. Feldman (ed.). Constitutional Reform and the Future of the Republic of China (New York: M. E. Sharpe, 1991); Tun-jen Cheng et al. (eds.), Political Change in Taiwan (Boulder, CO: Lynne Rienner, 1992); Peter R. Moody, Jr., Political Change on Taiwan (New York: Praeger, 1992); Janshieh Joseph Wu, Taiwan 's Democratization: Forces Behind the New Momentum (Oxford: Oxford University Press, 1995).
232. Recent studies on Taiwan's political changes tend to neglect this issue. The following books, for example, have no discussion of it: Harvey J. Feldman (ed.). Constitutional Reform and the Future of the Republic of China (New York: M. E. Sharpe, 1991); Tun-jen Cheng et al. (eds.), Political Change in Taiwan (Boulder, CO: Lynne Rienner, 1992); Peter R. Moody, Jr., Political Change on Taiwan (New York: Praeger, 1992); Janshieh Joseph Wu, Taiwan 's Democratization: Forces Behind the New Momentum (Oxford: Oxford University Press, 1995).
233. See n.45.
234. Shao-chuan Leng and Hung-dah Chiu, Criminal Justice in Post-Mao China, pp. 98-104.