法政纠结:“罗文干案”的告诉与检审

发布时间：2018-03-10 15:16

  本文选题：罗文干案　切入点：奥款展期合同　出处：《近代史研究》2016年05期 　论文类型：期刊论文

【摘要】：震惊中外的罗文干案因奥款合同展期而发生,一直被视为政治陷害。法院最终判被告无罪,既有学术研究将法院判决视为定谳,无人置疑。但有关史料证明,针对罗文干的三项犯罪指控并非向壁虚构。就诉讼程序言,告诉初始阶段虽不尽规范,但国务会议声请再议罗案经法院裁定及法界公断程序合法,反证蔡元培等人维护"司法独立"的抗议举动,缺乏法律依据。罗案被告的无罪宣判,与蔡元培辞职抗议引发大规模学潮、法潮,形成强大的"院外审判"舆论环境,极大地改变了罗案检审的法律生态有关。此案不仅展示了法政关系的复杂与近代中外关系的紧张,也揭示出国人对法制现代化的认识误区,提示中国的法制现代化建设路漫修远。
[Abstract]:The Luo Wen case, which shocked China and foreign countries, has always been regarded as a political frame because of the extension of the Austrian contract. The court finally found the defendant not guilty. There is no doubt that the court's decision has been regarded as conclusive and unquestioned by academic research. But the relevant historical data prove that, The three criminal charges against Luo Wen were not fictitious. In terms of the proceedings, although the initial stage was not standardized, the Council of State claimed that the Luo case had been decided by the court and that the adjudication procedure in the legal field was lawful. Contrary to the protest by Cai Yuanpei and others to safeguard the "independence of the judiciary", there is no legal basis. The acquittal of the defendant in the Luo case, and the resignation of the defendant with Cai Yuanpei, triggered a massive wave of study and law, and formed a strong "outside court trial" environment of public opinion. This case not only shows the complexity of the legal and political relations and the tension between China and foreign countries in modern times, but also reveals the misunderstanding of the Chinese people's understanding of the modernization of the legal system. It suggests that the modernization of legal system in China has a long way to go.
【作者单位】： 四川大学历史文化学院;
【分类号】：D929;K258
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本文编号：1593898