北洋初期司法界与湖北军政当局的矛盾与抗争——以刘豫瑶案为例

Rivalries between the Judicial Circle and the Military and Political Authorities in Hubei Province During the earlier period of Northern Warlords Government——Focus on the Lawsuit of Liu Yuyao

自清末实施司法改革以来,司法独立原则被正式引入中国。北洋政府初期,虽然政局扰攘不安、社会经济紊乱,但在一定时期内司法独立原则仍保有形式上的尊崇。而1919年冬,湖北督军王占元、省长何佩瑢藉口本省高等审判厅厅长刘豫瑶徇私枉法,竟擅自委任督军署军法课长程定远暂代厅长,并派兵拘押原代理厅长陈长簇,劫夺厅印,开民国以来地方最高军政长官联手干涉司法行政的嚆矢。由于该案性质极其恶劣,随即招致中央司法部与湖北高等审判厅的群体反击。双方围绕司法行政等问题往复申辩,最终以中央政府介入调停和司法独立原则获得重申而告结。该案中反映的各种认知冲突及各方的行为模式,折射出北洋军阀时期军政关系的多元面相。

The principle of judicial independence has been introduced into China since the Judicial Reform in late Qing Dynasty. During the early Northern Warlords Government period,although the political and economic situation was always disordered,the principle of judicial independence was still respected in appearance in a certain time. In winter of 1919,Wang Zhan-yuan,together with He Pei-rong,unexpectedly appointed Cheng Ding-yuan as the deputy Chief Justice of the Higher Court in Hubei province. Their excuse was Liu Yu-yao,the former Chief Justice,had bent law for selfish ends. Meanwhile,they also unlawfully detained the judge Chen Chang-cu in order to get the official seal. Such behaviors made a bad start for the highest provincial military officer interfering with judicial administration by force. Because the nature of this case was extremely bad,the Central Department of Justice,along with the Higher Court in Hubei province,fought back strictly. Both sides argued repeatedly with the judicial administration,as well as other issues.Finally the Central Government had to intervene and reaffirmed the principle of judicial independence. By showing the various cognitive conflicts and behavior patterns of all parties in this case,this paper examines multiple spectrums of relations between military and politics in the Northern Warlord period.