民国县官司法角色的塑造及期待

The Shaping and Expectation of the Judicial Role of County Officials in the Republic of China

司改最难在基层,县级司法改革实态是衡量中国司法近代化成败的晴雨表。清末民国以降,审级体系经过四级三审制到三级三审制的变化,旨在实现行政与司法的分离。受制于多重因素,民国时期诸多县区无法建立正式法院,当局只得根据形势,在争议声中不断塑造县官司法角色,布置司法舞台。在司法舞台上,县官司法角色的身影长期留驻,兼理全部或部分司法事务,发挥维系政府司法体制运转的过渡功能。囿于时代背景,县官司法角色扮演的效果难以达到顶层设计者的预期,未能满足社会舆情的企望;其带来的负面效应很大程度上消减了司法改革的成果。评估司法近代化的成效,除了关注文本制度及中上层司法运行程式外,兼掌司法的底层县官角色也是不可或缺的参照系。

The most difficult task of judicial reform is at the grassroots level.The actual state of judicial reform at the county level is a barometer for measuring the success or failure of China s judicial modernization.Since the end of the Qing Dynasty and the beginning of the Republic of China,the judicial system has changed from the four-level three-trial system to the three-level three-trial system,aiming to realize the separation of administration and judiciary.Restricted by multiple factors,many counties or districts during the Republic of China could not establish formal courts,and the authorities had to constantly shape the judicial role of county officials and set up the judicial stage according to the situation.In the judicial arena,the role of county officials in the judicial system has remained for a long time,and they are also responsible for all or part of judicial affairs,and play a transitional function of maintaining the operation of the government s judicial system.Constrained by the background of the times,the effect of magistrates judicial role-playing is difficult to meet the expectations of top-level designers and fails to meet the expectations of social public wish;the negative effects brought about by it have largely reduced the achievements of judicial reform.To evaluate the effectiveness of judicial modernization,in addition to paying attention to the text system and the judicial operation procedures of the middle and upper levels,the role of the lower-level county officials who also take charge of justice is also an indispensable frame of reference.