清末新政中,司法独立从西方移植到中国。之后,起码就法律层面而言,司法独立一直都得到推崇。学术界对北洋军阀政府时期的司法进步颇为认可,但是对南京国民政府时期的司法却有诸多批评。本文拟透过分别发生在这两个时期的涉共案件——李大钊案和陈独秀案,管窥从北洋军阀政府到南京国民政府时期司法的变化,探究司法变化的原因,从而对民国时期司法现代化做一简短思考。 During the new policy in the late Qing Dynasty, judicial independence was transplanted from the West to China. Since then, at least in terms of law, the independence of the judiciary has always been respected. Academics quite approved the progress of judicature during the period of the Beiyang Warlord Government, but there were many criticisms of the judicature during the period of the Nanjing National Government. This article intends to explore the judicial changes from the Beiyang warlord government to the Nanjing National Government and the reasons for the judicial changes through the case involving Li Dazhao and Chen Duxiu respectively in these two periods so as to make the judicial modernization in the Republic of China A short thought.