本文關(guān)鍵詞：楊蔭杭之司法實踐研究　出處：《華中師范大學》2015年碩士論文　論文類型：學位論文

  更多相關(guān)文章： 楊蔭杭 司法實踐 津浦路租車購車案 民初政爭

【摘要】：物陰機,1878年～1945年,字補塘，筆名老圃，，江蘇無錫人，曾分別留字日本、美國。留日期間他一方面參與了《譯書匯編》的創(chuàng)刊,積極宣傳西方資產(chǎn)階級民主自由思想,譯載了大量歐美政治名著,影響深遠,另一方面還積極加入了留日學生團體勵志會。1906年楊蔭杭因宣傳革命思想遭清廷通緝,經(jīng)日本留學美國,在賓夕法尼亞大學完成碩士學業(yè),留美后其思想變化明顯,一改留日期間之激進,通過接受美日兩種法學體系教育,其法治觀不斷走向成熟。1913年,楊蔭杭開始擔任江蘇省高等審判廳廳長,上任伊始即全體撤換上海地方審判廳法官,引發(fā)了蘇滬法界改組風波,他的這股“瘋”勁兒主要受美國司法至上原則影響,但時值其轄地審判宋案敏感期,兩件事情交織一起,這種激烈式改組行為遭多方斥責,包括當時的司法總長許世英。1915年楊蔭杭調(diào)任京師高等檢查廳檢查長,1917年在其任上,發(fā)生了津浦路租車購車案,時任交通總長的許世英被牽涉其中,《大公報》、《中華新報》、《申報》等報紙爭相報道交通部津浦鐵路管理局在租車購車過程中出現(xiàn)的貪污一事,隨著輿論界的紛爭,國會、內(nèi)閣、司法機構(gòu)等紛紛介入,案件因楊蔭杭傳訊許世英再次升級,許世英系段內(nèi)閣重要人物,正值府院之爭愈演愈烈之際,高官司法案件牽一發(fā)而動全身,檢查長楊蔭杭及檢察官張汝霖等被停職調(diào)查,司法背后是撲朔迷離的民國政爭,楊蔭杭至此對民國司法建設(shè)的信心遭受重創(chuàng),他的這種“瘋騎士”面貌與民國官場顯得格格不入。六年從政生涯,楊蔭杭的司法理想與民初司法環(huán)境沖突不斷,1917年終辭職南歸。白1920年起開始擔任《申報》主筆,由“參政”轉(zhuǎn)而“議政”,發(fā)表了大量時評、社評文章,觀察敏銳,見解深刻,言辭犀利,“瘋騎士”精神凸顯于字里行間。亂世之中,民國法治日益遭破壞,道德日益淪喪,他本著一個憂國知識分子情懷諄諄告誡國人擔起民族責任。但在武人主導的政治社會,楊蔭杭文人式的民主法治理想訴求終成夢幻似乎是不可避免的,他的心灰意冷在其文章中也表露無遺。1925年辭去《申報》主筆后,楊蔭杭專心從事律師職務(wù),不再關(guān)心時局,曾經(jīng)奮不顧身為中國近代民主、法治而戰(zhàn)的“瘋騎士”終歸隱遁。
[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.
【學位授予單位】：華中師范大學
【學位級別】：碩士
【學位授予年份】：2015
【分類號】：D909.2

【參考文獻】

相關(guān)期刊論文 前2條

1 左玉河;;立憲乎，共和乎:辛亥革命前后楊度的心路歷程[J];安徽史學;2013年04期

2 周翼南;;老圃的遺文[J];寫作;1995年05期

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