南京国民政府的刑事诉讼制度研究
发布时间：2018-10-15 17:48
【摘要】： 从清末变法修律开始,中国的刑事诉讼制度开始了现代化的历史变革。到了南京国民政府统治时期,刑事诉讼制度在继承清末民初的成果上继续发展,刑事诉讼的法典化最终完成,在形式上实现了现代化。但是,南京国民政府的刑事诉讼制度,在司法实践过程中并没有得到真正的施行,有的制度甚至向传统的诉讼法律文化回溯。中国法制现代化的重要课题——传统性与现代性之间的矛盾也在这一阶段表现的十分突出。中国刑事诉讼制度的现代化过程,虽然进程坎坷、步履维艰,但是从总体上的发展趋势上来讲,是曲折前进的,其进步意义和历史借鉴价值是值得我们认真研究的。 本文以1927-1949年南京国民政府的刑事诉讼制度为研究对象。第一部分主要对南京国民政府的刑事诉讼立法进行研究。在简要梳理清末民初刑事诉讼立法的基础上,首先对南京国民政府1928年和1935年的两部刑事诉讼法典进行分析研究,然后分析南京国民政府法院组织法的制定与颁行。第二部分,本文主要研究南京国民政府的刑事诉讼模式,分析了其刑事诉讼模式的理论渊源与价值取向。第三部分,本文对南京国民政府时期的刑事诉讼检察制度与审判制度进行研究,力图真实的展现这一时期刑事诉讼制度的全景,加深对刑事诉讼制度的理性认识。最后笔者从宏观层面就南京国民政府刑事诉讼制度进行了评议,提出了粗略的看法。笔者认为南京国民政府的刑事诉讼制度的现代化具有整体性的特点,集中体现了法制现代化过程中的传统性与现代性的矛盾。但是,南京国民政府的刑事诉讼制度对司法秩序与司法效率的追求的特点,也使得其以维护统治秩序的稳定为价值目标,成为了维护南京国民政府专制统治的工具。司法党化,司法经费及司法人才的短缺等诸多原因,使得南京国民政府的刑事诉讼制度没有在司法实践过程中发挥其应有的价值,这也是其历史局限性之所在。综观南京国民政府的刑事诉讼制度,笔者认为,成功的法制的变革离不开政治制度的进步和法律文化的建设,这也是我们今天的刑事诉讼制度改革所值得借鉴的。我们应当冷静的对待南京国民政府的刑事诉讼制度,对其进行科学的研究和客观的总结。
[Abstract]:From the end of Qing Dynasty, the criminal procedure system of China began to reform the modern history. In the period of Nanjing National Government, the criminal procedure system continued to develop in succession to the achievements of the late Qing Dynasty and the early Republic of China, the codification of criminal proceedings was finally completed, and the form of modernization was realized. However, the criminal procedure system of the Nanjing National Government has not been carried out in the judicial practice, and some systems even go back to the traditional legal culture of litigation. The contradiction between tradition and modernity, an important subject of the modernization of Chinese legal system, is also prominent in this stage. Although the process of modernization of China's criminal procedure system is bumpy and difficult, the overall development trend is twists and turns, and its progressive significance and historical reference value are worthy of our careful study. This article takes the criminal procedure system of Nanjing National Government from 1927-1949 as the research object. The first part mainly studies the criminal procedure legislation of Nanjing National Government. On the basis of briefly combing the criminal procedure legislation of the late Qing Dynasty and the early Republic of China, this paper first analyzes the two codes of criminal procedure of the Nanjing National Government in 1928 and 1935, and then analyzes the establishment and enactment of the law on the law of the courts of the Nanjing National Government. In the second part, this paper mainly studies the criminal procedure model of Nanjing National Government, and analyzes its theoretical origin and value orientation. The third part, this article carries on the research to the criminal procedure procuratorial system and the trial system in the Nanjing national government period, tries to truly display this period criminal procedure system panorama, deepens the rational understanding to the criminal procedure system. Finally, the author comments on the criminal procedure system of Nanjing National Government from the macro level, and puts forward a rough view. The author holds that the modernization of the criminal procedure system of the Nanjing National Government has the characteristics of integrity, which embodies the contradiction between the tradition and modernity in the process of the modernization of the legal system. However, the pursuit of judicial order and judicial efficiency in the criminal procedure system of the Nanjing National Government also makes it a valuable goal to maintain the stability of the ruling order and has become a tool to safeguard the autocratic rule of the Nanjing National Government. The judicial party, the shortage of judicial funds and judicial talents make the criminal litigation system of Nanjing National Government not play its due value in the judicial practice, which is also its historical limitations. Looking at the criminal procedure system of the Nanjing National Government, the author thinks that the successful legal system reform can not be separated from the progress of the political system and the construction of the legal culture, which is also worthy of our reference in the reform of the criminal procedure system today. We should treat the criminal procedure system of Nanjing National Government calmly, carry on scientific research and objective summary to it.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D925.2;D929
本文编号：2273327
[Abstract]:From the end of Qing Dynasty, the criminal procedure system of China began to reform the modern history. In the period of Nanjing National Government, the criminal procedure system continued to develop in succession to the achievements of the late Qing Dynasty and the early Republic of China, the codification of criminal proceedings was finally completed, and the form of modernization was realized. However, the criminal procedure system of the Nanjing National Government has not been carried out in the judicial practice, and some systems even go back to the traditional legal culture of litigation. The contradiction between tradition and modernity, an important subject of the modernization of Chinese legal system, is also prominent in this stage. Although the process of modernization of China's criminal procedure system is bumpy and difficult, the overall development trend is twists and turns, and its progressive significance and historical reference value are worthy of our careful study. This article takes the criminal procedure system of Nanjing National Government from 1927-1949 as the research object. The first part mainly studies the criminal procedure legislation of Nanjing National Government. On the basis of briefly combing the criminal procedure legislation of the late Qing Dynasty and the early Republic of China, this paper first analyzes the two codes of criminal procedure of the Nanjing National Government in 1928 and 1935, and then analyzes the establishment and enactment of the law on the law of the courts of the Nanjing National Government. In the second part, this paper mainly studies the criminal procedure model of Nanjing National Government, and analyzes its theoretical origin and value orientation. The third part, this article carries on the research to the criminal procedure procuratorial system and the trial system in the Nanjing national government period, tries to truly display this period criminal procedure system panorama, deepens the rational understanding to the criminal procedure system. Finally, the author comments on the criminal procedure system of Nanjing National Government from the macro level, and puts forward a rough view. The author holds that the modernization of the criminal procedure system of the Nanjing National Government has the characteristics of integrity, which embodies the contradiction between the tradition and modernity in the process of the modernization of the legal system. However, the pursuit of judicial order and judicial efficiency in the criminal procedure system of the Nanjing National Government also makes it a valuable goal to maintain the stability of the ruling order and has become a tool to safeguard the autocratic rule of the Nanjing National Government. The judicial party, the shortage of judicial funds and judicial talents make the criminal litigation system of Nanjing National Government not play its due value in the judicial practice, which is also its historical limitations. Looking at the criminal procedure system of the Nanjing National Government, the author thinks that the successful legal system reform can not be separated from the progress of the political system and the construction of the legal culture, which is also worthy of our reference in the reform of the criminal procedure system today. We should treat the criminal procedure system of Nanjing National Government calmly, carry on scientific research and objective summary to it.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D925.2;D929
【引证文献】
相关硕士学位论文 前1条
1 管津君;南京国民政府时期检察制度研究[D];天津商业大学;2013年
，本文编号：2273327
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