理想与现实的脱节:民国时期实现司法独立的困境

Disconnection between Ideal and Reality:Dilemma of the Judicial Independence during the Period of the Republic of China

民国时期,中国的现代法律制度建设虽取得了长足进步,但始终没有实现司法的真正独立,究其原因在于实现司法独立面临诸多困境,包括政局动荡与纷乱,缺少稳定社会环境;司法权难以摆脱党、政、军等权力的束缚,加之落后的经济形态制约下司法经费的匮乏,使得司法机关本身缺乏足够的信心,更无望在民众中树立高度的权威。由之,民国时期司法权独立的努力最终收效甚微,司法独立的地位无法形成。

China's modern legal system construction has made great progress during the Period of the Republic of China. But there was no truly judicial independence on the reason of the judicial dilemma,including political turmoil and chaos,lack of a stable social environment. In addition,judicial power was hard to get rid of the bondage of the party,political,military and other power Combined with the lack of judicial funding by the backward economy,which has given rise to the lack enough confidence of judicial organs themselves as well as the hopelessness of establishing the authority in public. Therefore,during the period of the republic of China,jurisdiction independence efforts were ultimately ineffective,and the independence of the judiciary status cannot be formed.