清末民初章士钊行政裁判思想探析

On Zhang Shizhao's Though of Administrative Judgment in the Late Qing Dynasty and the Early Republic of China

章士钊是中国近现代民主法治的倡导者和追求者。他深受中国传统文化的熏陶和西方自由主义思想的影响,在清末民初的行政诉讼体制的论争中,提倡司法平等,追求个人自由和民主权利。他反对建立平政院,主张建立由普通法院审理行政诉讼案件的一元制。他的言行在当时的法制建设中树立了一座不朽的丰碑,也为当下我国行政裁判制度的改革提供了启示。

Zhang Shizhao is the pursuer and pioneer for modem Chinese legal system and democracy. Deeply influenced by traditional Chinese culture and Western liberalism ideology, he advocated equal justice and pursuing individual freedom and democratic rights during the debates about administrative proceedings in the late Qing Dynasty and the early Republic of China. He opposed to establish the administrative judgment institute, and advocated to build the unitary mon courts. His words and deeds set up an system of having the administrative proceedings heard by the comimmortal monument for the legal initiative at that time, and threw enlightenments for the reform of administrative judgment system in current China.