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Jiangsu Governors' Strategy of “Governing Bandits by Military Law” in the Early Republic of China and Its Influence

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DOI: 10.25236/iceesr.2020.072

Author(s)

Wei Liu

Corresponding Author

Wei Liu

Abstract

In ancient China, legal provisions of punishing military crimes were included in the common law. At the end of Qing Dynasty, the Trial of Military Crimes in Army was issued; there was a special law to judge the crimes committed by soldiers. In the early years of the Republic of China, Dequan Cheng, the governor of Jiangsu Province, authorized county magistrates to concurrently serve as the military judge, and brought the cases of banditry into the scope of “military law”. Since then, the “military law” continuously encroached the authority of ordinary jurisdiction and seriously damaged the judicial independence.

Keywords

Early republic of china, Military law, Banditry, Jiangsu