清末至民国时期甘肃司法制度研究

发布时间：2018-07-20 20:24

【摘要】：清末新政,从政治制度层面上开启了中国司法制度现代化的历程。从清末新政到国民政府时期“六法全书”的完成,标志着来自西方的司法制度建设在中国完成。然而由于政治和经济等方面的原因,实际上是在中央政府或地方政府主导下完成的,这就决定不同地区司法制度的差异性。甘肃地区司法制度转型,始于清末新政时期,最先由司法机构设置开始。在清政府短命改革影响下,历经升允、长庚两任总督,甘肃新式司法机构出现雏形；进入民国以后,虽然本省政局纷乱,但在北洋军阀政府司法部督促以及主甘的国民军努力下司法建设稍有成效；到了国民党统治时期,中国近代法律体系臻于完备,司法机构设置较之先前更为合理,甘肃的司法制度又有发展。律师制度、监狱制度、公证制度,与司法制度转型息息相关。甘肃律师制度的发展,实际上受制于本省法学教育发展与当时中国政局的影响。监狱制度,作为和法权回收密切相关的一部分,在整个民国时期,并不是一项很成功的改革。甘肃的监狱改革,不能不受这种大环境影响。公证制度,虽然在民国时期,如火如荼地举行着,但是深深依赖者司法机构设置数量及其人员。甘肃公证制度出现比较晚,但是也不能例外。总体而言,虽然清末以来甘肃地区司法制度现代化,不是很成功,但是从全国情况来看,在甘肃这样一个政治、经济、教育都不很发达的地区,已经可以说取得了相当的成就。
[Abstract]:At the end of Qing Dynasty, the New deal started the modernization of China's judicial system from the political system level. From the late Qing Dynasty to the completion of the National Government, the completion of the six laws marked the completion of the judicial system from the West in China. However, due to political and economic reasons, it is actually completed under the guidance of the central government or local government, which determines the differences of judicial systems in different regions. The transformation of judicial system in Gansu began during the New deal period in the late Qing Dynasty. Under the influence of the short-lived reform of the Qing government, the two governors of Chang Geng and the new judicial institutions of Gansu appeared in their embryonic form after the rise of the Yuan Dynasty. After the entry of the Republic of China, although the political situation in the province was chaotic, However, under the supervision of the Ministry of Justice of the Northern warlord government and the efforts of the Kuomintang army, the judicial construction achieved some results. By the time of the Kuomintang rule, China's modern legal system had reached completion, and the establishment of judicial institutions was more reasonable than before. Gansu's judicial system has developed again. Lawyer system, prison system and notarization system are closely related to the transformation of judicial system. In fact, the development of the lawyer system in Gansu is restricted by the development of law education and the influence of Chinese political situation at that time. The penitentiary system, as part of the process of legal recovery, was not a very successful reform throughout the Republic of China. The prison reform in Gansu Province cannot but be affected by this kind of environment. Notarization system, although in full swing during the Republic of China, but heavily dependent on the number of judicial institutions and their personnel. Gansu notarization system appears relatively late, but also can not exception. Overall, although the modernization of the judicial system in Gansu has not been very successful since the end of the Qing Dynasty, it can be said that considerable achievements have been made in such a region as Gansu, where politics, economy and education are not very developed.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D926

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