自清末修律开始,中国司法开始了它的现代化转型。这种转型是历史性的,意味着以司法独立为取向的新体制取代传统的全能型“衙门”,其核心内容就是将原属行政机关的审判权剥离出来。围绕司法权的这种转移,在中央引发了法部与大理院的争执即“部院之争”;在地方,各省督抚也不甘于 Since the beginning of the Qing Dynasty, the Chinese judiciary began its modernization transformation. This transition is historic. It means that the new system of judicial independence takes the place of the traditional all-powerful “Yamen” and its core content is to strip the jurisdiction of the former administrative organ. This shift around the judicial power provoked a dispute between the Ministry of Justice and the Daliyuan at the Central Government, namely “the dispute between ministries and departments”; at the local level, provincial governors were reluctant