Concept, System, and Practice (A Study of China's Judicial Modernization Transformation, 1912-1928)

Author: Wu Yongming
Publisher:
Publish Date: 2005-01-01
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 law 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 rulers 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 ruling class and suppress the resistance of the people, rather than prioritizing the well-being of the general populace.
In modern China, with the decline of the feudal autocratic system and the transformation of society, advanced Western judicial concepts, theories, and institutions began to be introduced, profoundly impacting China's deeply entrenched judicial traditions. 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 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, above all, modern rule of law must start by safeguarding the fundamental interests of the vast majority of the people. 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 their fundamental.
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 for 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 an ideal and goal they continuously pursued. Despite the challenges, the transformation of the judicial system during this period and its gradual move toward modern rule of law still achieved notable results.
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 analysis of cases, 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 challenges 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 legal theoretical knowledge, which places higher demands on them. The study of judicial reforms during the Republican era is a relatively underdeveloped topic in modern legal history. Dr. Wu Yongming's courage in exploring this subject 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.