一次不成熟的尝试:陈炯明与《停止就地正法》议案

A Premature Attempt: Chen Jiongming and the Motion of Stopping on-Spot Execution

在宣统元年广东咨议局的第一次常年会议中,作为法律审查会会长的陈炯明提交《停止就地正法》议案。这是陈炯明在接受完广东法政学堂的专业培训,历经惠州知府陈兆棠滥用就地正法之权后的郑重考虑。这一议案并没有得到超过半数议员的认可而遭雪藏,似乎预示着在近代中国,法制民主化的实现依然任重而道远。

During the annual meeting of Guangdong Advisory Bureau on the first year of Xuantong in Qing Dynasty , Chen Jiongming, leader of the Legal Review Ministry, submitted a motion of stopping the on-spot execution. This was his serious consideration after he had received professional training in Guangdong Law and Politics School and then experienced the matter of Huizhou Prefect Chen Zha-otang who abused the on-spot execution. This motion was turned down because less than half of those present agreed with it, which pre-dicted that in modern China there was still a long way to go for the realization of democratic legal system.