方伯谦在甲午黄海海战中途退离战场，并非“临阵退逃”，而是违犯《北洋海军章程》关于“临阵擅离部位”的军规。方氏被杀并非由于丁汝昌、刘步蟾之诿过诬陷，成为他们的替罪羊。是专制主义法制造成冤案，方氏成了专制主义法制和皇权至上的牺牲品。 Fang Boqian retreated from the battlefield midway between the Sino-Japanese naval battle in the Yellow Sea and not in a “fled-by battle”, but in violation of the military regulations of the “Charter of the Navy for Navigating the Deserted Area.” Fang’s killing was not due to Ding Ruchang, Liu Buchan’s flies over framed, as their scapegoat. It is an injustice caused by the authoritarian legal system. Fang became the victim of the supremacy of autocratic legal system and imperial power.