Legal Theory Design and Operation of the Nanjing Nationalist Government (1927-1937)

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 mechanisms of its legal framework. 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 system and judicial system 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 leaders. The author argues that Sun Yat-sen's Five-Power Constitution theory held significant guiding importance for 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 groups, the human rights faction, and the Wang Jingwei Expansion Conference Faction, as well as the drafting of the "Constitutional Provisional Act for the Republic of China during the Period." Chapters 5 and 6 study the legislative and judicial systems of the Nanjing government. The Kuomintang National Congress, the Central Reception Committee, the Central Standing Committee, the Central Political Conference, and the National Government all held legislative authority. The Kuomintang participated in legislation through various channels, ensuring the infiltration of the Kuomintang's will into the law, a phenomenon often described as "law originating from the party."
Chapter 7 primarily investigates the selection, appointment, compensation, and reward and punishment systems for judges during the Nanjing National Government period, analyzing the flaws in the Nanjing government's judicial system that were caused by its judge system.