Nanjing National Government's Legal Theory Design and Operation

Author: Zhao Jin Kang
Publisher:
Publish Date: 2006-11-01
Features: This book systematically studies the legal system of the Nanjing National Government from the perspective of legal theory design and the operational framework of its legal system. It integrates Sun Yat-sen's legal thought with the legislative and judicial practices of the Nanjing government, conducting a dynamic comparative study and comprehensively exploring the legislative and judicial systems during the Nanjing government period. Chapters 1 and 2 examine the theoretical sources of the Nanjing government's legal system and the legal thought of its Legislative Yuan leaders. The author argues that Sun Yat-sen's Five-Power Constitution theory played a significant guiding role in the legal development of the Nanjing government. The legal thought of Hu Hanmin and Sun Ke was rooted in Sun Yat-sen's legal thought, representing practical reflections that had real guidance value for the Nanjing government's legislation. Chapters 3 and 4 explore the constitutional demands from social, human rights advocates, and the Wang Jingwei Expansion Conference faction, as well as the drafting of the "Constitutional Provisional Ordinance for the Republic of China under the Period." Chapters 5 and 6 study the legislative and judicial systems of the Nanjing government. The National Party Congress, the Central Reception Committee, the Central Standing Committee, the Central Political Conference, and the National Government all held legislative power. The Kuomintang Party participated in legislation through various channels and means, ensuring the party's willed into the law, a phenomenon often described as "law originating from the party." Chapter 7 primarily investigates the selection, appointment, treatment, and reward and punishment systems for judges during the Nanjing National Government period, analyzing the flaws in the judge system that negatively impacted the judicial system.