晚清河南审判厅考论

A Study on the Courts of Henan in the Late Qing Dynasty

晚清司法改革取得的主要成果之一就是设立了新式司法审判机构——审判厅。清末河南共建立3所审判厅,在筹建和运行中面临着经费来源争议、审判人员素质参差以及执法混乱等问题,影响了其职能的正常发挥。但作为体现司法独立精神的新式审判机构,各级审判厅的成立促进了河南司法控审分离、民刑有别,推动了河南传统司法向近代司法的过渡,培养了一批具有初步近代司法意识的人才,促进了人们司法观念的转变,在一定程度上为北洋政府时期的司法机构改革提供了经验。

One of the major achievements of the judicial reform in the Late Qing Dynasty was the establishment of a new judicial organ——the court.At the end of the Qing Dynasty,they were faced with problems such as dispute over the source of funds,uneven quality of judges and disorder in law enforcement,which affected the normal play of their duties.However,as a new judicial organ embodying the spirit of judicial independence,the establishment of judicial offices at all levels promoted the separation of prosecution and trial,the difference between civil and criminal cases,the transformation of traditional justice to modern justice,the cultivation of a group of talents with preliminary modern judicial consciousness,and the promotion of people′s judicial ideas.To some extent,it provides experience for the reform of judicial institutions during the period of Beiyang Administration and the Republic of China.