军法惩处的轻与重:余程万弃守常德案研究

The Leniency and Severity of the Punishment by Military Law:Studies on the Case of Yu Chengwan Abandoning Changde

1943年开罗会议前后,考虑到国际观瞻,蒋介石对于常德保卫战的成败异常重视,严令第57师师长余程万坚守待援,与常德共存亡,但余程万擅自弃城突围。蒋介石为此大为震怒,即刻宣布其死刑。余程万被押解至重庆后,由军法机关审判,但迟迟未做终裁。余程万的命运与战局发展紧密相连,豫湘桂战役爆发后,因蒋介石未能处分在桂柳会战中弃城的桂系将领,余程万才得以轻判。余程万案前后拖延近一年,其间几经波折,争议不断。在余程万案处理过程中,国际形势与国内战局的发展变化对其均有直接而深刻的影响。在战时涉及高级将领的军法处置案中,蒋介石的意志虽具有决定性作用,但其仍受到派系、时势与舆论等因素的制约。

Chiang Kai-Shek attached great importance to the success of the Battle at Changde in 1943 due to Cairo Conference. Considering the international impression, Chiang Kai-Shek ordered Yu Chengwan to defend it to the last man. However, Yu abandoned Changde and broke out of the encirclement without authorization and which provoked Chiang Kai-shek immediately to announce to sentence Yu to death. But after Yu was taken to Chongqing and judged by a military court , the final sentence was delayed. After the battle of Henan, Hunan and Guangxi, Yu Chengwan 's fate was closely connected with the development of the war situation. Finally, because Chiang Kai-shek failed to punish those generals of Gui who abandoned the cities in the battle of Guilin and Liuzhou, Yu was given a more lenient sentence. In the process of the trial of Yu s case, which lasted for more than one year with twist and turns and controversy, the changes of international situation and domestic war situation had a direct and profound influence. Though the will of Chiang Kai-shek as a dictatorial leader was decisive, yet it was still restricted by factors such as factions, current situations and public opinions, etc.