(1) Establish the principle of judicial independence. Article 5 1 of the Provisional Treaty Law stipulates: "Judges shall judge independently and shall not be interfered by superiors." In order to ensure the independent exercise of judicial power by judges, Article 52 specifically stipulates: "A judge who reduces his salary or is transferred to other posts in the central region shall not be punished by public announcement or given disciplinary sanctions of dismissal according to law. Do not dismiss. "
(2) Torture and corporal punishment are prohibited. The Nanjing Provisional Government has successively promulgated the Presidential Decree on the Prohibition of Torture by the Ministry of the Interior and Justice and the Presidential Decree on the Prohibition of Corporal Punishment by the Ministry of the Interior and Justice, pointing out that the fundamental principle of criminal legislation is to "safeguard national rights and safeguard public safety". Carry out bourgeois humanitarianism, explicitly prohibit corporal punishment and extorting confessions by torture, and prohibit inhuman treatment of prisoners. No matter what kind of cases, they will be tried by government organs.
(3) Trial in public, jury system and lawyer's defense system. Article 50 of the Provisional Treaty Law stipulates: "The court trial shall be held in public; However, those who think it disturbs peace and order may keep it secret. " At the same time, the western bourgeois jury system is introduced, and people of insight are selected to participate in the jury, which improves the transparency of the case and allows lawyers to defend. In order to protect the defendant's litigation rights to a greater extent, make the best use of the defense lawyer's litigation rights to curb judicial power and prevent judicial arbitrariness and judicial corruption.