淸末裁判制度の改革

Abstract

The Reformation of the Qing judicial system, begun in 1906, resulted in the establishment of the supreme court (大理院 daliyuan) and district courts (審判廳 shenpanting) in the capital and each province. The impetus behind this reformation was the need to establish the independence of judiciary from administrative power. This need arose as a condition for the abolition of foreign countries' extraterritorial status. This study investigates the regulations enacted in this reformation, and determines that those reforms were carried out in order to separate civil and criminal courts and to establish public prosecutors offices. The separation of civil or criminal courts was a topic of much concern and controversy in this reformation. The basis of the judicial reformation, however, perpetuated the Chinese tradition until conservative pressure forced the introduction of a new civil court system. In contrast, the concern to establish public prosecutors offices received little attention. Public prosecutors offices were initially regarded as reception desks for legal cases, with the initiation and evolution of the new judicial system, however, the public prosecutors offices functioned to classify cases for the courts and to deliver summary judgments in cases rejected in trial courts.