论文部分内容阅读
1936年,南京国民政府司法部废除县长兼理司法制度,在已设法院的县由法官审案,未设的县成立司法处,委任审判官受理诉讼案。随后将除被告为军人以外的特种刑事案的审理权由军法机关重归司法。但在粤西阳春县等已设有法院的县域,出现了制度设计与法律实践的背离。如该县中南乡乡长罗增元贪污案,起初由马北拱县长越权审理,后被移交法院,而罗氏从犯“勒索财物罪”到无罪释放。该案不仅呈现基层社会政治生态的复杂性,还折射县域社会司法实践的曲折性,对现今普法工作在基层社会的深入开展有借鉴意义。
In 1936, the Nanjing National Government Department of Justice abolished the county magistrate and the judicial system, in the county has been set up by the judge’s case, the county has not set up the Judicial Division, appointed judge to accept the lawsuit. Subsequently, the jurisdiction of special military cases other than the defendant as a soldier will be returned to justice by military and legal organs. However, in the counties where courts such as Yangchun County in western Guangdong have been established, there has been a departure from the system design and legal practice. For example, the case of Luo Zengyuan, the mayor of Zhongnan Township in the county, was initially tried by the arch-magistrate of Ma North and then handed over to the court, and Roche released guilty of “extortion of property” to acquittal. The case not only shows the complexity of grassroots socio-political ecology, but also reflects the twists and turns of judicial practice in the social field in the county. It is of great significance to the current development of the law popularization work in grassroots society.