摘要
《唐烜日记》(丙午、丁未年)记述了晚清京官唐烜对丙午官制改革前后时局的观察与感受。身为刑官,唐烜亲身经历了大理院与法部的筹设过程及部院之争,在此过程中,唐氏也完成了从刑官到推事的转变。面对伴随官制改革而来的司法变革,唐烜除有意识了解些许新式法政知识外,主动因应这场变革的意识与举动并不多。官制改革后,身为推事的唐烜,总体上仍属刑官之范畴,其知识主体依旧是传统律学,司法推理、审案方式也变化无多,可谓身已新而心依旧。这或多或少体现了现代中国首批"新式"司法官的共性。
The Diary of Tang Xuan(covering 1906 and 1907) recorded the observations and feelings of Tang Xuan,an official in Beijing in the late Qing period,concerning the situation before and after the Bureaucratic Reform of 1906.As a criminal magistrate,Tang Xuan lived through the process of preparing to establish the Supreme Court and the Ministry of Justice,as well as the conflicts that arose between those institutions.During that period,Tang also made the transition from criminal magistrate to judge.Faced with the judicial changes that accompanied the Bureaucratic Reform,Tang Xuan had little consciousness of,or active response to the reform,other than deliberately learning something about the new legal system.In his role as judge after the Bureaucratic Reform,Tang Xuan still fell into the general category of criminal magistrate.Most of his knowledge was slill in traditional law.There were few changes in his judicial reasoning or handling of cases.One could say that he had a new body but an old mind.To a greater or lesser extent,this expresses a common characteristic of the first ' new style' judges in modern China.
出处
《近代史研究》
CSSCI
北大核心
2014年第2期44-60,160,共17页
Modern Chinese History Studies
基金
国家社会科学基金青年项目"中国现代司法官群体研究"(09CFX008)的阶段成果之一
