The establishment and the personnel of Fanxingyuan during the early Chinese Nationalist China

<p>This article pays attention to "Partyizing the judiciary", becoming the undercurrent of the Judicial system under the Party-state. "Partyizing the judiciary" means the Judiciary being under the control of a party. I examine the personnel affairs and the process of setting up Fanxingyuan that the Intelligence Bureau of the Party Organization participates in. Fanxingyuan is the special educational institution to reform a political offender. I clarify cooperation of Guomindang and the judiciary in Chinese Nationalist China. The judiciary authorities under the Party-state have thought that national prosperity and power give priority to over personal freedom. The judiciary established a special law to clear the enemy including Chinese Communist Party. The aim was construction of the judicial system to contribute to Guomindang. On the other hand, the judiciary groped to "the modernization" for the constitutional government. The faction which promotes "Partyizing the judiciary" placing more weight on the former fights with the faction aiming at establishment of the constitutionalism. The former faction ran the judiciary in succession to a policy of "The judiciary should be under the instruction of the party". When jurisdiction of the Ministry of Justice was changed from the Judicial Yuan to the Exective Yuan in 1932, the Judicial Yuan lost the personnel affairs authority of the judicial officer and the authority of the judiciary expense. And the route of conventional "Partyizing the judiciary" was suppressed when human rights and civil liberties were attached great importance to by Luo Wengan of Minister of Justice. The Western Hills group almost monopolized an important post of the Judicial Yuan and occupied the important post of a party and the government in the ratio of uniformity. CC clique is under the influence of Chen Lifu summarizing Intelligence Bureau of the Party Organization. The Western Hills group and CC clique returned the Ministry of Justice to jurisdiction of the Judicial Yuan and intervened in the personnel affairs of a minister and senior vice minister and endeavored to let a judicial officer join a party member. After a coup d'etat in April, 1927, Shen Xuanlu of the Western Hills group established Zhejiang-Fanxingyuan. The Ministry of Justice established "the ordinance of Fanxingyuan" based on a modified draft of Zhejiang-Fanxingyuan on November 25, 1929 and established Fanxingyuan which corrected a political offender. The inside of Fanxingyuan had general affairs, management, three section of the education. Unlike a general prison, it was the special educational institution where an education section played a key role. Fanxingyuan accommodated a lot of party members of Chinese Communist Party. The director of the High Court held an additional post of a Director General of Fanxingyuan at first, and the side of the judiciary held real power of Fanxingyuan. When "a plan to change each Fanxingyuan to the central direct control" was given in 1933, Intelligence Bureau of the Party Organization held real power of Fanxingyuan and gradually lengthened a power. On the judiciary under the Party-state and the back of the connection of Intelligence Bureau of the Party Organization, I point out that strong participation of the Western Hills group and CC clique existed in Guomindang.</p>