清末改革中按照立宪政体和三权分立模式建立起相对独立的司法权体系,但法部的司法行政权过大,处处与大理院争权,对审判权的独立行使构成阻碍。大理院内审判权与检察权初步实现了职权独立和相互制约,但对外都受到法部的制约,难以发挥各自应有的作用。清末缺少足够的新式法律人才、配套法律和财政支撑,社会也没有相应的思想准备,尤其是清政府力图强化中央集权和政策统一的指导思想都影响了新建立的司法权体系的独立运行。 In the late Qing Dynasty, relatively independent judiciary system was established in accordance with constitutional government and the mode of separation of powers. However, the judiciary had too much judicial power to exercise administrative power and competed with Daliyuan everywhere, which hindered the independent exercise of judicial power. Dictatorship and procuratorial power in Dali Court initially realized the independence and mutual restraint of authority, but both were subject to the restriction of the Ministry of Justice and were unable to exert their respective functions. In the late Qing Dynasty, there were not enough new legal talents, supporting laws and financial support, and the society did not have the corresponding ideological preparation. In particular, the guiding ideology of the Qing government trying to strengthen the centralization of power and the unification of policies all affected the independence of the newly established judicial power system.