清末法制变革的倡行者尽管在司法改革的必要性上形成普遍共识,但是对司法权是否应当独立于君权这一关键问题的认知却存在歧义。检察制度在清末得以顺利创立的主要原因在于检察制度的相关内容既与权力争夺的重心关联不大,也不触及传统的伦常纲教,同时还有利于君主利用司法权的分散来操控司法。从清末检察制度创立可以看出,法制变革的最大阻力来自利益相关者对自身利益的维护,如何协调与平衡法制变革相关者之间的利益关系是决定法制变革成败的关键。法制变革的顶层设计必须警惕利益相关者之间的利益纷争对法制变革的阻力,而设计者对自身利益与改革目标两者之间得失权衡所表现出的态度是至关重要的。 Despite the general consensus on the necessity of judicial reform, advocators of the rule of law reform in the late Qing Dynasty differed in their understanding of the crucial issue of whether the judicial power should be independent of the monarchy. The main reason why the procuratorial system was successfully established in the late Qing Dynasty was that the relevant contents of the procuratorial system were not related to the focus of power struggle or to the traditional ethics and monarchy. At the same time, it also helped the monarch to control the judiciary by using the decentralization of judicial power. From the establishment of the prosecutorial system in the late Qing Dynasty, we can see that the biggest obstacle to the legal system reform comes from the stakeholders’ self-interest protection. How to coordinate and balance the interest relations between the legal system reform is the key to decide the success or failure of the legal system reform. The top-level design of legal reform must be vigilant against the resistance of stakeholders to the change of legal system, and the designer’s attitude towards the trade-off between self-interest and the goal of reform is of utmost importance.