理想与现实:民国北京政府时期江宁地区司法机构近代化研究

Ideal and Reality:The Research on the Modernization of Jiangning Judicial Institutions in the Period of the Beijing Government of the Republic of China

中华民国北京政府时期是近代中国由传统向现代转型的特殊时期,它承继了南京临时政府诸多未及实施的法治理想,并在司法机构近代化转型的顶层设计方面呈现出一派欣欣向荣的景象。但受制于司法经费短缺之无奈现状,理想中的四级三审制最终变成了三级三审制;设立模范监狱与构筑新式监狱的理想也大打折扣。通过对民国时期江宁司法档案的分析与研究得出,在全国大大小小地方审检厅、初级审检厅被裁撤的背景下,江宁地方审检厅得以保留;在当时绝大多数地方基层恢复了县知事兼理司法之传统模式的波及下,江宁地区并未出现此种倒退。在监狱改革浪潮的推动下,江苏第一监狱逐步完成了从传统到近代的转型。这些都反映出江宁地区在司法机构的近代化转型方面所做出的努力。即便如此,江宁地区的近代司法机构在现实运行中仍然面临着一系列尴尬的局面。从深层次上分析,民国北京政府时期特殊的政治环境——军阀混战,导致社会发展的主旋律不会也不可能是司法改革。作为法治国家根基的宪法和国会均为军阀所操纵,总体法制环境不佳。因此,民国北京政府在司法领域的诸项改革不可能有更多的作为。

The period of Beijing Government of the Republic of China was a special period of modern China's transition from tradition to modernity.The Beijing Government of the Republic of China inherited many unimplemented ideals of the rule of law from the Nanjing Provisional Government,and showed a thriving trend in the top-level design of the modernization transformation of judicial institutions.However,due to the shortage of judicial funds,the ideal four-level three-trial system eventually became three-level three-trial system;the ideal of establishing model prisons and constructing new-type prisons was also greatly undermined.Through the analysis and research of Jiangning judicial archives in the period of the Republic of China,it is concluded that the Jiangning local hall of judgement and procuratorial department were preserved;in the context of the local hall of judgement and procuratorial departments as well as the primary hall of judgement and procuratorial department were abolished all over the country.At that time,the traditional mode of concurrent judicial was restored in vast majority of county governments,but Jiangning did not appear such regression.Driven by the wave of prison reform,Jiangsu first jail gradually completed its transformation from tradition to modernity.All these reflect the efforts made by Jiangning in the modernization and transformation of judicial institutions.Even so,the modern judicial institutions in Jiangning area are still faced with a series of embarrassing situations in the practical operation.From the perspective of in-depth analysis,the special political environment during the Beijing Government of the Republic of China period—warlordism,leading to the main theme of social development will not and cannot be judicial reform.The constitution and parliament,which are the foundation of the rule of law,were manipulated by warlords,and the overall legal environment was not good.Therefore,the Beijing Government of the Republic of China cannot do much more with its judicial reforms.