Idea, system, and practice

Author: Wu Yongming
Publisher:
Publish Date: 2005-03-01
Features: Dr. Wu Yongming teaches at Jiangxi Normal University. He has developed a strong interest in China's judicial system through his teaching and research. He conducted visiting research at the Law School of Renmin University of China in Beijing and once worked as a lawyer. In 2000, he enrolled in Nanjing University to pursue a Ph.D. in Modern Chinese History, continuing his research on the judicial system. His doctoral dissertation, titled "The Modernization of China's Judicial System (1912–1928)," yielded significant research findings and academic recognition. It is our great pleasure to learn that his dissertation will be published by a legal publisher, and we extend our warmest congratulations to him.
Law is a set of behavioral norms that reflects the will of the ruling class and is enforced by certain judicial institutions. It serves to maintain the political rule of the ruling class and stabilize social order. Ancient China gradually developed a relatively legal system and judicial framework to uphold the autocratic regime. The primary purpose of the feudal dynasty's legal system was to protect the interests of the feudal monarchy and suppress the resistance of the people, rather than prioritizing the interests of the broad masses.
In modern China, with the decline of the feudal autocratic system and the transformation of society, advanced Western judicial concepts, theories, and systems began to enter China, profoundly impacting the deeply rooted traditional judicial practices. This marked a period of comprehensive transformation in all aspects of China's judicial field. However, changing people's perceptions, dismantling and reforming old systems, and establishing and innovating new systems cannot be achieved overnight. It requires a difficult historical evolution. It must continuously evolve alongside the renewal of the entire social system.
The essence of modern society is a rule-of-law society, which must govern the state according to law, use the legal system to stabilize and improve social order, and modern rule of law must start with safeguarding the fundamental interests of the broad masses. The core of the judicial system must embody the principle of equality before the law. Judicial independence, judicial fairness, and the principle of judicial authority are the lifeblood of modern judicial systems and fundamental markers of modern jurisprudence.
From the late Qing Dynasty to the Republican era, China's judicial system underwent a tortuous and arduous process of transformation and innovation. Examining the broader historical context, political instability, social disorder, and extreme insecurity among the people were prevalent. However, the spirit of modern civilization—freedom, equality, human rights, and the rule of law—gradually took root in people's hearts and became their ideals and goals. Despite the challenges, the transformation of the judicial system during this period and its gradual move toward modern rule of law were still effective.
Dr. Wu Yongming's doctoral dissertation comprehensively and profoundly explores the historical process of judicial transformation during this period. The advancement of judicial concepts served as the ideological and theoretical foundation for the judicial reforms of the early Republic. The dissertation examines the transition from traditional to modern judicial concepts and dedicates significant space to discussing the construction of modern judicial institutions, as well as the selection and training of judicial officials. Through empirical case analysis, it evaluates the innovation of judicial procedures and the initial application of modern judicial procedures. The dissertation objectively assesses the achievements and shortcomings of judicial reforms in the early Republican era, revealing the complexity and difficulty of social transformation.
The study of legal history is an interdisciplinary field that sits at the intersection of history and law. Researchers not only need a solid foundation in historiography but also must possess extensive knowledge of legal theory, which places higher demands on them. The study of judicial reforms during the Republican era is relatively underdeveloped in the field of modern legal history. Dr. Wu Yongming's courage in exploring this topic and his academic achievements are commendable. Given that this is an exploratory study, shortcomings are inevitable. We sincerely hope that scholars in the fields of history and law will offer constructive criticism and corrections to promote the continuous advancement of academic research.