The criminal appeals system during the Republic of China's Nanjing era

DOI Web Site

Bibliographic Information

Other Title
  • 南京国民政府時期における刑事上訴制度
  • ナンキン コクミン セイフ ジキ ニ オケル ケイジ ジョウソ セイド

Search this article

Abstract

This article describes the actual situation of criminal appeals defined as pleas of relief to higher courts regarding undetermined trials, under the Republic of China’s Nanjing era between 1927 and 1937, in order to better understand the significance of the introduction of modern Western-style criminal justice institutions in China during the first half of the 20th century. <br> Under the preceding Qing Dynasty, procedures did exist for higher-level institutions judging decisions made by lower-level institutions and for parties dissatisfied with judgments of lower-level institutions appealed to higher authorities to reverse the judgement; however, these procedures differed from the modern Western-style appeals system, which would be an important matter within the formation of law and order in 20th century China, which began during the Nanjing era, the focus of the present article. <br> Its conclusions may be summarized as follows. To begin with, the criminal appeals system introduced under the judicial reforms of the late Qing period and the early Republican era was well organized, but it also suffered from an increase in the case loads to be handled by the judiciary and an increase in the burden of proof on defendants due to the resulting prolongation of lawsuits. Notwithstanding, in many criminal cases, defendants made appeals that were accepted by higher courts. Secondly, for defendants in criminal cases, raising an appeal was an indispensable means to be relieved from unjust judgements, while for the judiciary, the appeal system was of great significance in that it worked to clarify the truth of a case beyond doubt and prevent false charges. Therefore, the modern Western-style criminal appeals system was established as a measure for the relief of criminal defendants was an effective and important facet of judicial reform in China during the first half of the 20th century.

Journal

  • SHIGAKU ZASSHI

    SHIGAKU ZASSHI 126 (9), 1-37, 2017

    The Historical Society of Japan

Details 詳細情報について

Report a problem

Back to top