从检察机关运作看民国反腐实况——以郭云观、查良鉴案为例

Viewing the anti-corruption of the Republic of China from the operation of procuratorate--Taking Zha and Guo as Example

民国时期的腐败问题是普遍存在于各军政机关且贯穿始终的。尽管有监察院的存在,但其仅有行政处分的权力,国家机关工作人员一旦涉及贪腐问题,往往因触犯刑法中的贪污或贿赂条款而涉及刑事犯罪,从而被移送司法机关审查决定是否起诉。检察机关作为公诉机关在此承担了重要作用,但通过诉讼档案不难发现,国民政府时期,检察机关对于各机关要员的重大贪腐案件往往不能做到有效审查起诉,相反地选择推诿或以各种理由不起诉,这在郭云观与查良鉴的贪腐案调查中有明显体现。其背后的原因亦值得当下的反腐工作思考。

The problem of corruption during the Republic of China was existed throughout all the military and political organs. Despite the existence of Control Yuan, it only had the power of administrative disciplinary action. Once a staff who involved in corruption, he or she often involved criminal offenses for committing corruption or bribery provisions in the criminal law, and then was transferred to the judicial authorities which decide whether to prosecute or not. Theoretically, the procuratorate had played an important role here. However,through the litigation files, it is not difficult to find that during the period of the Republic of China, especially in the period of the National Government, the procuratorate often failed to effectively examine and prosecute major corruption cases. On the contrary, they always chose to prevaricate or even made decisions of non-prosecution,which is very obvious in the cases of Zha Liangjian and Guo Yunguan. The reasons behind it are also worth pondering for the anti-corruption work nowadays.