《法律适用》2005年第3期刊登何兵先生《人民群众进法院》一文,讨论了司法民主的问题。确实,司法民主问题是我国司法改革中要注意的,但是鄙人以为何兵先生对于司法民主化部分观点有失偏颇,在此提出商榷。一、法官职业化和司法腐败没有必然联系何先生在文中提出的第一个观点是法官职业化是造成法官官僚化和司法腐败的直接原因。然而本人窃以为何先生文中关于清末法官职业化和司法腐败问题关系的论证逻辑存在的问题显而易见。何先生在文中首先指出:“据程燎原的研究,至1911年,在各省各级审判厅中,有大量的留学法政科毕业生和国内法政科毕业生,充当推事和检察官,有些还担任了厅丞、庭长、检察长之职,法政人主控了中央和地方审判衙门。”紧接着何先生又引用《申报》对于山西高等审判庭厅丞谢武恒违法用人,以臻滥竽充数的报道,以及其他清末司法腐败的记载。由此,何先生得出的结论是“腐败的职业法官与腐败的政府官员被人民革命的潮流所淹没。” “Law Application” 2005 the third issue of Mr. Bing He published “people into the court,” a text to discuss the issue of judicial democracy. Indeed, the issue of judicial democracy should be paid attention to in judicial reform in our country. However, I think that Mr. Bing is biased in regard to the partial view of the democratization of the judiciary. We hereby hold a discussion here. First, the professionalism of judges and judicial corruption is not necessarily linked Mr. Ho in the article's first point is that the professionalization of judges is the direct cause of the judge's bureaucratization and judicial corruption. However, I stole the question of the logic of the argument in Mr. Ho's argument about the relationship between the professionalism of judges in the late Qing Dynasty and the problem of judicial corruption. He first pointed out in the article: “According to Cheng Liaoyuan's research, by 1911, there were a large number of graduates of law and science graduates and graduates of domestic law and political sciences in courtrooms at all levels of the province, serving as juniors and prosecutors, and some of them Served as hall cheng, president, procuratorial post, law and order people in charge of the central and local trial Yamen. ”He then cited the“ declaration ”for the Shanxi High Court of Watson Xie Heng illegally employing people, , As well as other records of judicial corruption in the late Qing Dynasty. From this, Mr. Ho concluded that “corrupt professional judges and corrupt government officials are overwhelmed by the revolutionary trend of the people.”