摘要
1907年清政府進行地方官制改革，改按察司為提法司，管理一省司法行政事務，監督各級審判檢察廳及監獄。清末地方官制改革的目的之一是實現司法獨立，但由於提法司掌握了各級審判檢察廳的人事權、財政權，甚至有權決定各級審判廳的存廢，其結果是提法司在法律解釋、審級制度等許多方面干擾甚至破壞了新式司法機關的正常運轉。提法司本是司法行政機關，卻承載著審判監督的傳統，行使著監督審判的職權，這是司法行政合一體制在清末依然死而不僵的明證。
In 1907, the government of Qing Dynasty reformed the local bureaucracy, and renamed Anchasi to Tifasi. Tifasi conducted judicial administration, supervised court and prosecutors’ offices and prisons, including all levels in each province. The reform was aiming at the independence of the judiciary. However, Tifasi became higher authority of the judicial bodies to control the power to shuffle personnel and finance, moreover to determine the abolition of the court in each level. As the result, to each level of courts Tifasi became the top authority. Meanwhile, Tifasi had the right to conduct legal explanation, also dealt with some special cases as competent government agency. Therefore Tifasi interfered with the normal operation of new judicial organ at the fields of legal explanation and system of appeal etc. Originally, Tifasi was judicial administrative organ, even though it had inherited the tradition of judicial supervision, and exercised its authority on supervision and judgment. The above proved that the judiciary and the administration were combined as one system even in late Qing Dynasty.
關鍵詞
提法司、司法、行政、監督
Tifasi、 judiciary、 administration、 supervision