杨荫杭之司法实践研究

发布时间：2018-01-11 03:12

本文关键词：杨荫杭之司法实践研究　出处：《华中师范大学》2015年硕士论文　论文类型：学位论文

【摘要】：物阴机,1878年～1945年,字补塘，笔名老圃，，江苏无锡人，曾分别留字日本、美国。留日期间他一方面参与了《译书汇编》的创刊,积极宣传西方资产阶级民主自由思想,译载了大量欧美政治名著,影响深远,另一方面还积极加入了留日学生团体励志会。1906年杨荫杭因宣传革命思想遭清廷通缉,经日本留学美国,在宾夕法尼亚大学完成硕士学业,留美后其思想变化明显,一改留日期间之激进,通过接受美日两种法学体系教育,其法治观不断走向成熟。1913年,杨荫杭开始担任江苏省高等审判厅厅长,上任伊始即全体撤换上海地方审判厅法官,引发了苏沪法界改组风波,他的这股“疯”劲儿主要受美国司法至上原则影响,但时值其辖地审判宋案敏感期,两件事情交织一起,这种激烈式改组行为遭多方斥责,包括当时的司法总长许世英。1915年杨荫杭调任京师高等检查厅检查长,1917年在其任上,发生了津浦路租车购车案,时任交通总长的许世英被牵涉其中,《大公报》、《中华新报》、《申报》等报纸争相报道交通部津浦铁路管理局在租车购车过程中出现的贪污一事,随着舆论界的纷争,国会、内阁、司法机构等纷纷介入,案件因杨荫杭传讯许世英再次升级,许世英系段内阁重要人物,正值府院之争愈演愈烈之际,高官司法案件牵一发而动全身,检查长杨荫杭及检察官张汝霖等被停职调查,司法背后是扑朔迷离的民国政争,杨荫杭至此对民国司法建设的信心遭受重创,他的这种“疯骑士”面貌与民国官场显得格格不入。六年从政生涯,杨荫杭的司法理想与民初司法环境冲突不断,1917年终辞职南归。白1920年起开始担任《申报》主笔,由“参政”转而“议政”,发表了大量时评、社评文章,观察敏锐,见解深刻,言辞犀利,“疯骑士”精神凸显于字里行间。乱世之中,民国法治日益遭破坏,道德日益沦丧,他本着一个忧国知识分子情怀谆谆告诫国人担起民族责任。但在武人主导的政治社会,杨荫杭文人式的民主法治理想诉求终成梦幻似乎是不可避免的,他的心灰意冷在其文章中也表露无遗。1925年辞去《申报》主笔后,杨荫杭专心从事律师职务,不再关心时局,曾经奋不顾身为中国近代民主、法治而战的“疯骑士”终归隐遁。
[Abstract]:Fuyin machine, 1878 to 1945, word Butang, pen name Laopu, Wuxi, Jiangsu Province, have left characters in Japan, the United States. During his stay in Japan, on the one hand he participated in the founding of the "Compendium of translated Books". Propagandizes the western bourgeois democratic freedom thought actively, has carried a large number of European and American political masterpieces, the influence is profound. In 1906, Yang Yinghang was wanted by the Qing government for propagandizing revolutionary ideas. He studied in the United States through Japan and completed his master's degree at the University of Pennsylvania. After studying in the United States, his thought changed obviously, one changed the radical period of studying in Japan, and through receiving the education of the two legal systems of the United States and Japan, his views on the rule of law continued to mature. 1913. Yang Yinhang began to serve as the director of the Jiangsu Provincial High Court of Justice. At the beginning of his term of office, all the judges of the Shanghai Magistracy were replaced, which triggered a storm of reorganization of the Su, Shanghai, and legal circles. His spirit of "madness" was mainly influenced by the principle of judicial supremacy in the United States, but at the time of his jurisdiction over the sensitive period of the trial of the Song case, the two things were intertwined, and this drastic reorganization was criticized by many parties. Including the then Chief Justice Xu Shiying. In 1915 Yang Yinhang was transferred to be the inspector general of the higher Inspection Department of the Beijing Division. On 1917, the Jin-pu Road Rental car purchase case occurred in his post. At the time, Hsu Shi-ying, then chief of traffic, was involved. Newspapers such as Ta Kung Pao, the New China News, and the Declaration scrambled to report on the corruption of the Jin-Pu Railway Administration of the Ministry of Communications in the process of renting and buying cars. With the controversy of the public opinion, the parliament, the cabinet, the judiciary and so on have intervened in succession, the case because Yang Yin-hang subpoenaed Xu Shiying again upgrade, Xu Shiying section cabinet important figures, when the government and the house dispute intensified. The judicial cases of senior officials moved all over their bodies. Yang Yin-hang and procurator Chang Ru-lin were suspended for investigation. Behind the judicature was a complicated and confusing struggle for the Republic of China's government. Yang's confidence in the construction of the Republic of China's judiciary had suffered a heavy blow. His "crazy knight" appearance and the Republic of China officialdom appear incompatible. Six years of political career, Yang Yinhang's judicial ideal and the early Republic of China judicial environment conflict. Since 1920, Bai has been the lead writer of the "declaration", and has published a large number of editorial, editorial articles, acumen, insight, and sharp words from "participating in politics" to "discussing politics." The spirit of "Crazy Knight" is highlighted in the lines. In the turbulent times, the rule of law in the Republic of China is being destroyed day by day, and the morality is gradually declining. He earnestly warned his countrymen to shoulder national responsibility in the spirit of a worried intellectual, but in the political society dominated by the armed people, it seemed inevitable that Yang Yinhang's ideal of democracy and the rule of law would eventually become a dream. After he resigned from his "declaration" in 1925, Yang Yinghang devoted himself to the position of lawyer, no longer concerned about the current situation, and had been desperate for democracy in modern China. The "Crazy Knight" who fought for the rule of law was eventually reclusive.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D909.2

【参考文献】