三官立而政体立,三官不相侵而政事举——康有为司法理念评议

中国近代维新派代表人物康有为以清末中国司法现状为依据,抨击清末司法腐败,引入西方三权分立制度,呼吁司法改革与司法独立,力图转变清末司法固有模式。虽然结果不尽如人意,但其司法理念对清末的司法改革具有深远影响,其思想和实践经验对于现代司法改革也仍具有启示性作用。

The Separation of Powers Brings Prosperity --The Appraisal of Kang Youwei＇s Judicial Concept

Based on Chinese justice status of the late Qing Dynasty, representative of modern Chinese reformers, Kang Youwei, who criticized judicial corruption and introduced Separation of Powers to China. He called for independence of judicature and tried his best to shift judicial mode of the late Qing Dynasty. Although the results were not satisfactory, his concept of judicature had a profound impact on the judicial reform of the late Qing Dynasty. His ideological and practical experiences for the modern judicial reform still have a revelatory effect.