自十八届四中全会首次专题讨论“依法治国”以来,司法改革又一次成为学界关注的焦点。然而,已有的论述多囿于观点的陈述或理论的推导,鲜有人梳理中共早期的法律实践,进而反思中国语境下的司法改革及其前景。本文围绕“司法半权”这一关键词,阐述了陕甘宁边区司法的体制、实践与理念。在此基础上,作者指出,在中共“一元化”的政权体制之下,司法与政治之间存在着周期性的消长关系:纵使“司法权”自根据地时期开始,便屡屡遭到中共的批判,但当人治趋于极端乃至造成破坏性后果时,民众对“司法”的冀望仍会被再次唤起。 Since the first special symposium of the Fourth Plenary Session of the 18th CPC Central Committee “governing the country according to law,” judicial reform has once again become the focus of attention of the academic community. However, the extant discourse is mostly based on the statements of opinions or the deduction of theories. Few people comb the early legal practice of the CCP and then reflect on the judicial reform and its prospects in the Chinese context. This article focuses on the key words of “judicial power of authority”, expounds the system, practice and philosophy of judicature in the border areas of Shaanxi, Gansu and Ningxia. On this basis, the author points out that there exists a periodic relationship between the judiciary and politics under the regime of “unitary power” of the Communist Party of China: even though the “judicial power” has been repeatedly attacked since the beginning of the base period However, when the rule of man tends to be extreme and even has devastating consequences, people’s expectations of “justice ” will still be evoke again.