摘要
清末官制改革啟動後，新組建的法部參與制定並主持實施司法改革方案。其中涉及地方的部分遭到了各省督撫的質疑，雙方函電交攻。憲政編查館（考察政治館、編纂官制館）和大理院等也加入戰局為法部之奧援；順天府尹及都統、將軍則多選邊站在督撫一方，形成中央館部院與各省督撫之間的「省部之爭」。雙方的爭執點主要集中於地方司法應否獨立、法院管轄和司法區劃、司法官資質寬嚴、司法行政權責歸屬，以及籌設審檢廳的進度安排等問題。雙方或闡發法理與國情之大義，或折衷於法律與事實之間，最終達成妥協，類多以中央館部院的讓步而告平息。其結果意味著著地方成功挑戰中央權威，也預示了近代中國司法改革步履維艱的不樂觀前景。
After the bureaucracy reformation started in the end of the Qing dynasty, the newly formed Fabu (Judicial Ministry) was authorized to be responsible for the formulation and implementation of the judicial reform plan, which were Questioned by provinces Dufu (Governor-general). However,other central Ministries as Constitutionalism Design Institute(and its predecessor)and Dali Yuan (Supreme court) joined fighting side-by-side with Fabu, and Shuntian Fuyin (the executive heads of the capital and its surrounding areas) and the Garrison Generals were mostly choice to join the camp of Dufu. The two camps carried on the controversy with the official letters and the telegrams. This was so-called “ the Dispute between Provinces and Ministries ”. The dispute focused mainly on question that whether the local judiciary should be independent, the plan of the court establishment and judicial regionalization should be revised, the Judge Qualifications should be relaxed, judicial executive power should be shared, and establishment of the court's deadline should be extended, and other issues. The two sides promulgated the true meaning of legal theory and country conditions, or argued forcibly from law to facts, and eventually reach a compromise, which mostly ended by central government subsided. The result means that local government had challenged successfully the central authority, but also that the judicial reform in modern China should be struggling in a difficult road.
關鍵詞
清末新政、地方司法改革、省部之爭
The New Deal During the End of Qing Dynasty、Local Judicial Reform、The Dispute between Provinces and Ministries