传统社会中,司法依附于行政,法官行使审判权之目的,重在实现社会整体的秩序和社会公共的安宁。历史发展到晚晴,随着社会政治变革的展开,司法实现了形式上的独立,法官也逐渐从普通行政官中分离出来,初步实现了专职化。自此,法官承载独立的审判权明载于宪法,保护人民生命财产安全被司法界认为理想当然,收回领事裁判权也成为近代社会和司法当局赋予法官的特殊使命。 In traditional society, judicature is attached to the administration and the judges exercise the power of judicial power, which focuses on the order of society as a whole and the peace of public. With the development of history and the late Qing Dynasty, with the launching of social and political changes, the judiciary has achieved formal independence. Judges have gradually separated from the ordinary administrators and initially realized full-time employment. Since then, the judge has the right to hold an independent judiciary contained in the Constitution, protecting the safety of people’s lives and property, which is regarded as ideal by the judiciary. Of course, the recovery of consular jurisdiction has also become a special mission entrusted to judges by modern society and judicial authorities.