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立足于鄂东司法档案,本文研究了南京国民政府时期县级司法组织的制度变迁。通过长时段的考察,本文认为南京国民政府时期县司法组织的制度变迁体现于三个方面。一是县司法组织由成立初期的县司法公署到县政府兼理。南京国民政府成立初期,出于“剿匪”和经费不足等原因,南京国民政府在县司法制度方面废除了大革命时期的县司法公署制度,在未设法院各县回复为县政府兼理司法制度。二是从县政府兼理司法到县司法处的成立。县政府兼理司法制度从内在本身而言,与国民政府普设法院的现代性目标相逆,为推动司法独立,南京国民政府颁布章程下令成立县司法处,力图以此作为未设法院各县的过渡性司法组织,并纠正县政府兼理司法制度的弊端。三是抗战以来司法组织的制度变迁。抗日战争的爆发,导致县司法组织,无论是原来的法院还是县司法处,均受到战争的冲击,一度全部被回复为县政府兼理司法,然而在实践中这一制度遭到司法实务者的反对,在他们的斗争下,部分县司法组织由县政府兼理司法回复为县司法处。随着抗战的胜利,各县司法组织渐次回复到战前状况,并或有改善。通过上述制度变迁的考察,本文认为南京国民政府时期县司法组织的制度变迁体现了明显的过渡性与反动性特征。
Based on the judicial files in eastern Hubei, this paper studies the institutional changes of county-level judicial organizations during the period of the Nanjing National Government. Through a long period of investigation, this paper argues that the institutional changes of the county judicial organizations during the period of the Nanjing National Government are reflected in three aspects. First, the county judicial organizations from the inception of the county judicial office to the county government. In the early days of the establishment of the Nanjing National Government, the Nanjing National Government abolished the system of county magistrates’ offices during the Great Revolution in the county judicial system for reasons of “banditry ” and lack of funds. In the absence of court replies, Judicial system. The second is from the county government to justice and the establishment of county justice department. In terms of its inherent nature, the county government has taken the opposite view of the modernity of the general government of the Kuomintang government. In order to promote judicial independence, the Nanjing National Government promulgated the bylaws to order the establishment of the judicial office of the county, Transitional justice organizations, and to correct the shortcomings of the county government to justice the judicial system. Third, institutional changes of judicial organizations since the war of resistance against Japan. The outbreak of the war of resistance against Japan led the county judicial organizations, both the original court and the County Judicial Office, to be hit by the war. All of them were once replied to the county government’s adjudication of the judiciary. However, in practice, this system was hit by judicial practitioners Opposed to that, in their struggle, some county judicial organizations were concurrently judicially returned by the county government to the County Judicial Branch. With the victory of the war of resistance, the judicial organizations in various counties gradually returned to the pre-war status and have or have improved. Through the investigation of the institutional changes mentioned above, this paper argues that the institutional changes of county judicial organizations during the period of the Nanjing National Government embody significant transitional and reactionary characteristics.