摘要
清末民初,中國社會興起學習法政的熱潮,直至1930年代國民政府時期依然如此。其後,法政教育卻因發展蓬勃而遭國民政府打壓。二次戰前中國,法政教育從盛極一時到積弱不振,與其專業知識是否被各政權視為治國之術,或只是干祿之階,有重大的關係。再者,由於清末實施學堂獎勵出身、留學獎勵出身辦法,使得新式教育與舊式功名間,產生直接的對應連結關係,新式教育的「學位」與當官的「官位」,有了制度性連結。種種措施,雖非專門針對法政人才,在實踐上,卻呈現大量法政人才藉此為官的情形,社會上對法政之學的看法,逐漸導向集中在「求官」。這種印象,導引了清末民初法政教育的興盛,於此同時,也形成了日後國民政府打壓法政教育的重要理由。
From the late Qing period on, a trend of learning western jurisprudence and government rose among Chinese intelligentsia. The heat of this trend did not cool down until the 1930s under Republican rule. There after this trend was constrained by the same government. This constrain-policy was derived from an idea that learning jurisprudence and government was a trick to obtain an official position rather to serve the purpose of a modern state. The combination between the traditional exam system and modern school system was built during the reform of late Qing Imperial court, when it bestowed official positions to students who completed western style education. Institutionally, the graduates thus became equivalent to those intellectuals who were selected through the imperial exams. Although this arrangement did not serve students of jurisprudence and government exclusively, most of the official positions were taken by them. General impressions to contempories judged it as an usual channel to access official positions. This impression resulted to the enlargement of the school attending in the courses of jurisprudence and government around revolutionary era, while triggered the constrain-policy of republican government later on.
關鍵詞
清末民初、國民政府、法學教育、法律專業、廢科舉
Late Qing and Republican China、Republican Government、Legal Education、Legal Profession、The Abolition of the Traditional Examination System
