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Late Qing Dynasty

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  • Last updated:2021-01-08
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 Year Date   Events
1906   The Qing government changed the “Court of Judicature and Revision” to the “Ministry of Judicature and Revision”, which set up trial courts of all levels. The “Judicature and Revision Trial Organization Law” was also issued, and the Article 12 therein stated: All trial courts under the Ministry of Judicature and Revision are required to have prosecutors, and the prosecutorial office should be established under the court. Article 13 stated: Prosecutor has the responsibility of prosecuting in criminal matters. The prosecutor may request to apply proper laws, and the prosecutor shall be properly enforce after monitoring the ruling. (That was the beginning of the prosecutorial system of the Republic of China)
1907   The “Court Organization Law” was established. It imitated the European legal system and set up a “prosecution office” outside the “trial court”, and it used the term “judge and prosecutor” to call the officials who conduct trials and prosecutions. At the same time, the “Provisional Regulations for Trial Run of Trial Courts and Prosecutors Offices at below the level of High Courts” was announced, and the trial courts and prosecutors offices at all levels below High Court were established in Beijing and Tianjin, stipulating that the trial courts and prosecutors offices would exercise their rights individually, and the prosecutorial system was formally established.
1909  

The “Outlines for the Organization of Trial prosecutors offices at all levels of the Provincial Capitals and Treaty Ports” and the “Court Organization Law” were successively announced. The prosecutor's authority was established according to these laws, and the procuratorial offices would exercise their powers independently to the courts. The prosecutor shall not interfere in the trial or take charge of the judgment, and the prosecutor shall obey the commands of their supervisors. When the Ministry of Judicature and Revision trialed cases of special authorities, the prosecutors related to those cases shall obey the command of the head procurator of the prosecuratorial office to handle all matters. If necessary, a prosecutor could substitute other prosecutors of the same prosecutorial office. The head prosecutors of the local and High prosecutors offices, as well as the head prosecutors of the General Prosecutors Office had the authority to personally handle the prosecutor affairs in their own jurisdiction, and had the right to transfer the prosecutorial affairs in their jurisdiction to other prosecutors. That law already had the characteristics of three instances at four levels, duty separation of judge and prosecutor, and the Unity of Prosecutorial Organ. In addition, the prosecuratorial offices had the power to command the judicial police. (Established the characteristics of three instances at four levels, duty separation of judge and prosecutor, and the Unity of Prosecutorial Organ, and established the authority of the prosecutorial offices to command the judicial police.)

 

 

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