民国初年的司法官制度变革和人员改组

On the Evolution of Justice System and the Reshuffle of Justice Personnel in early Republic of China

从清朝到民国,经历了政权更迭,但清末新政中创设的许多司法制度在民国时期得以传承,民初的司法变革就是其中"承前启后"的重要一环。就司法官制度设置而言,民初司法改革强调司法官必须是新式法政人员,这导致大量旧式刑幕人员"下岗";而在清末已经担任司法官的新式法政人员,则可在新政权中继续任职。历史变迁往往如此,新旧并存,更迭中包含传承。

China experienced a regime change since it moved from Qing Dynasty to the Republic, while many judicial systems started in New Policies period in the end of Qing Dynasty were passed on to the Republic, of which the judicial innovation in early the Republic of China was an important example. As far as the establishment of the judicial system is concerned, the innovation of judicial system in early Republic of China paid an emphasis on the sources of the justice. It is emphasized that justices in new regime should have the experience of education in new-type school of law and politics. Therefore, lots of the old-type justices had to leave office, while the new-type justices who had in position in the end of Qing Dynasty kept their position in the new regime. The evolution of history seems always be in a state of co-existence of the old and the new, in which heritage is imbedded in the change.