民国初年法官制度改革刍议

The Judge System Reform in Early Republic of China

本文以民国初年(1912-1928)的法官制度改革为主要研究对象,以充实的史料为依据,论述了民国初年实行司法权与行政权分离的一系列新式法官制度,推进了司法独立的进程,使法官能够恪守中立,严格依法审判,选用精英出任法官,使法官能够严格职业操守。同时,对其中某些制度实现程度的有限性和弊端也进行了客观评价。

This article focuses on the judge system reform in the early Republic of China （1912- 1928） and discusses a series of new--style judge systems concerning the separation of judicial power and administrative right in that period with substantial historical information as a basis. These systems promoted the process of judicial independence, keeping judges neutral strictly in their trials, with elite judges selected who could stick to their professional ethics. Besides, the article makes an objective analysis of the limitations and disadvantages of some systems in the process of their implementation.