The China of Chiang K'ai-Shek: A Political StudyLinebarger, Paul Myron Anthony
History
The China of Chiang K'ai-Shek: A Political Study
Linebarger, Paul Myron Anthony
Chiang, Kai-shek, 1887-1975; China -- Politics and government -- 1912-1949
[Footnote 26: Wang Shih-chieh, _Pi-chiao Hsien-fa_, cited, p. 676
_ff._]
The Judicial _Yüan_ serves as an administrative and budgetary agency for
four agencies. The Ministry of Justice (_Ssŭ-fa Hsing-chêng-pu_) is,
obviously, the prosecuting agency, attached to the executive in the
United States, but made a part of the general judicial system in China.
The Administrative Court (_Hsing-chêng Fa-yüan_) is an agency only
potentially important; so is the Commission for the Disciplinary
Punishment of Public Officers (_Kung-wu-yüan Ch'êng-chieh
Wei-yüan-hui_). The _Yüan_ President is _ex officio_ chief magistrate of
the Supreme Court (_Tsui-kao Fa-yüan_). Wang Shih-chieh says of this
_Yüan_:
Because of the fact that the Judicial _Yüan_ is itself not
an organ of adjudication, and since all affairs concerning
prosecution at law are handled by the Ministry of Justice,
the actual work to be performed by the Judicial _Yüan_ is
very simple and light. In addition to framing the budget for
the _Yüan_ itself and approving the general estimates of the
organs under it, the Judicial _Yüan_ has only three further
duties to perform: (1) to bring before the Legislative
_Yüan_ legislative measures connected with the Judicial
_Yüan_ and its sub-organs; (2) to petition the President of
the National Government with respect to such cases as
special pardon, commutation of sentence, and the restoration
of civil rights; and (3) to unify the interpretation of laws
and orders, and changes in judicial procedure.[27]
[Footnote 27: The same, p. 691.]
With peace, reconstruction and prosperity, the Judicial _Yüan_ might
acquire importance through its control of the administrative and
technical aspects of the court system. Meanwhile, courts are more
closely associated with their respective levels or areas of government
than with one another in a unified judicial system.
The Examination _Yüan_, with a President and Vice-President, is composed
of a central _Yüan_ office, which supervises two organs: the Ministry of
Personnel (_Ch'uan-hsü Pu_), operating a selective promotion system, and
the Examinations Commission (_K'ao-hsüan Wei-yüan-hui_). In absolute
numbers, few examinations have been held. In practice, standard
recruitment technique continues to involve introduction, influence, or
family connections. The familiarity of such devices in China at least
gives them a high polish, and precludes utter inefficiency. Under the
circumstances, the Examination _Yüan_ finds scope for valuable, creative
work in the preparation of administrative studies and analyses of very
considerable importance.
Public-domain text, read in full here on John Shaqi.
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