《大清刑事民事诉讼法草案》搁置时间考析

Research on the Shelved Time of the Draft of Criminal and Civil Procedure Law in Qing Dynasty

关于《大清刑事民事诉讼法草案》搁置的时间,考证认为光绪三十三年十月法部奏准的《各级审判厅试办章程》实际取代了草案的立法空缺,而光绪三十四年九月法部继续覆议的奏折是以清朝官场传统的方式宣布草案退出覆议程序。因此,草案搁置的确切时间点应该是在光绪三十四年九月,因为此时法部进呈的继续覆议奏折标志着草案以体面的方式宣告退出法案覆议程序。

As for the shelved time of the Draft of Criminal and Civil Procedure Law in Qing Dynasty the textual research shows that Temporary Trial Chapter of Courts of Different Levels rendered and ap- proved by the Ministry of Judiciary actually filled the legislation vacancy left by the Draft in October, 33rd year of Guangxu, and the memorial to the throne that the Ministry of Judiciary went on examining the Draft in September, the 34th year of Guangxu was in fact an announcement that the Draft was withdrawn from the act deliberation procedure in a traditional Qing officialdom mode. Therefore, the accurate time when the Draft was shelved is September, the 34th year of Guangxu because it is at that time that the memorial of continuing the examination of the Draft to the throne presented by Ministry of Judiciary symbolized the creditable withdrawal of the Draft from act deliberation procedure.