TY  - JOUR
SN  - 1991-1572
T1  - Shape Dispersing but Spirit Concentrating: A Further Discussion about the Ping ZhengYuan’s Judgments in the Early ROC
AU  - Wu, Huan
Y1  - 2017/06/01
PY  - 2017
DA  - 2017/06/01
T2  - Journal for Legal History Studies
JF  - Journal for Legal History Studies
JO  - Journal for Legal History Studies
JA  - Journal for Legal History Studies
VL  - 31
SP  - 157
EP  - 196
KW  - Min Gao Guan, Ping Zheng Yuan, Ping Zheng Yuan’s administrative litigation Judgments, Governance Order, Governance wisdom
Y2  - 2017/06/01
N2  - The Ping Zheng Yuan’s Judgments were not only administrative litigation judgments, but also fresh and vivid proclamation of governance order constructor in the Early ROC. Ping Zheng Yuan’s Judgments were less in absolute numbers, but relatively more in property case class. This “more or less” situation reflected the reality of political design and social life in that time, and also implied Ping Zheng Yuan’s activity selection and governance orientation. Ping Zheng Yuan’s Judgments shared crude form, concise style, and simple reasoning, while their making process were complete, division were neat, details were listed well. This “simple also tedious” characteristic not only retained attachment to the traditional legal culture, but also characterized a tendency of the legal system modernization. Ping Zheng Yuan’s Judgments had no case-law effect in the Beiyang Government period, and were declared genuine invalidity by the Nanjing Government, but they had real legally binding and substantial influence in the administrative trial practice in the Early ROC. and with a fair degree of independence and autonomy. This “to be or not to be” state meant that the experience and wisdom of Ping Zheng Yuan’s Judgments had shared the echoes beyond time and space.
ER  -