清末民初云南地方法治的社会政治环境考察——以中央与地方关系为视角

Investigation of Legal Construction of the Yunnan Local Conditions during Late Qing Dynasty and Early Republic——Take the Relationship between Central and Local Government as the Angle of View

在中央新政改革和云南地方自治逐步推进的特殊背景下,清末民初的云南地方法治运行及其条件十分复杂,它以消除领事裁判权的存在及其割裂司法权的威胁等为动因,是政治、经济、文化等多种因素相互交织影响,国家、地方官员、地方精英等各方力量彼此博弈与妥协的动态过程。其正向意义是奠定了地方自治的前提,为宪政发展作了准备;其负面效应则是它在一定程度上造成了法治力量在地方的客观性弥散化。

Under the special background of the New Deal reforms and progressive local autonomy of Yunnan, carrying out the local law and its condition were quite complex in the late Qing Dynasty and early republic. It is to eliminate the presence of consular jurisdiction and the jurisdiction of the threat of isolation as the motivation which was inter influence among political, economic, and cultural factors and the dynamic process of gaming and compromise among the state, local officials, local elite and other parties. Its positive meaning is to lay the premise of local autonomy, to make preparations for the constitutional development; its negative effect is to cause, to some extent, the objectivity dispersion of the local force on executive law.