建国初期的司法革运动研究论文.docVIP

硕士学位论文 建国初期的司法改革运动研究 摘 要 中国近代法制转型经历了两条不同的路径。从实际效用上看，一条路径是自上而下的偏重于从形式上、理念上移植西方现代法制，历经清末修律和民国政府（包括南京临时政府、北洋军阀政府及南京国民政府） 本篇论文本着历史唯物主义的态度，主要运用文献学的研究方法，分为六章展开，把建国初期的这场群众性的司法改革运动放在中国百年司法变革的大背景下加以研究，回顾历史，总结经验教训，推动当代中国的法制建设。 关键词：司法改革运动；旧法观点；组织整顿；人民司法制度 Abstract Modern transformation of Legal System in China had gone through two different paths. Actual effectiveness from the point of view, a path is a top-down emphasis on transplant from the formal concept of modern Western legal system, after the reconstruction of laws in the late Qing dynasty and the construction of the government of the Republic (Including the Nanjing Provisional Government, the Government of the Northern Warlords and the Nanjing National Government) The reconstruction of laws in the late Qing dynasty is the starting point of the traditional Chinese legal transformation. The late Qing government was forced to reform the judiciary by the internal and external situation at that time, in order to national salvation self-protective ”, expanded passive, hasty and short-term repair legal activities, After the reconstruction of laws in the late Qing dynasty, the ancient Chinese continuation of the thousands of years of administrative and judicial combination, criminal and civil regardless of the judicial system ended. After the completion of the Nanjing National Government Six law Book, basically formed a judicial system that is broadly in line with modern international community justice system. But finally disappeared with the victory of the Communist Party of China armed revolution . The other path is the bottom-up emphasis on the construction of the Chinese legal system from the essence, content, after the base period of revolutionary rule of law and the judicial reform movement in the early days of the PRC, and finally the establishment of the peoples justice system. Before and after the founding of the PRC, the legal construction practice is to destroy the old legal system, to