“限期断狱”的中国命运:清代以来审限制度的变革与重述

审限是我国司法体系中一项重要的本土化制度。近年来,理论界对审限制度何去何从展开讨论,其历史演变成为重要依据。回溯历史,尤其是清代至今,审限制度受到了古今中西不同法律理念的冲击,历经规则变化:从清代律例中对审限制度进行详尽规定,到民国时期诉讼法典中废除审限而实践中沿用,再到20世纪80年代后立法重新确立审限制度。究其原因,在于审限制度来源自中国传统司法经验,与近现代中国提高诉讼效率的社会诉求相符合,可以保证案件进程;同时审限又是约束司法人员的重要制度--用行政责任来限制司法人员的司法权力,这也是传统中国"治吏"思想在近现代的延续。因此,审限作为一种与中国实际紧密贴合的司法制度,并非是造成今日学术界所争论的积案原因,反而是提升诉讼效率的良方。当下讨论审限制度发展,更需正视其对本土法律资源的重要意义,认识到背后"治吏"思想影响,结合法官责任制改革,从行政责任到司法责任,重新建构新时期的审限制度。

The Time Limit of Trials' Fate in China:Reform and Restatement of Time Limit of Trials Since Qing Dynasty

The time limit of trials is an important localization judicial system in China.The academic debate on"whether the time limit of trials should be deposited"has been controversial and its historical evolution is an important basis.Back in the history,especially in Qing dynasty to now,the time limit of trails was impacted by the different legal concepts of ancient and modern China,also the west countries:in Qing dynasty statutes detailed provisions on system of completion time;and it was abolished in articles while used in trial practice in the period of the Republic of China;to the 1980 s it was re-establishment in the legislative system by legislators.The reason lies in that the time limit of trails came from the traditional Chinese judicial experience,which is consistent with the social appeal to improve the efficiency of litigation in modern China,and can ensure the process of the case;meanwhile,it is an important system to restrict judges--to limit their judicial power with administrative responsibility,which is the continuation of the traditional Chinese thought of"governing officials"in modern times.Therefore,as a kind of judicial system closely in line with the reality of China,the time limit of trails is not only the cause of the case accumulation in today’s academic debate,but also the best way to improve the efficiency of litigation.Nowadays to discuss the development of time limit of trials should to face with its significance of local legal resources,recognize the influence of"governing officials"inside,and reconstruct the time limit of trials from administrative responsibility to judicial responsibility with the background of the reform of judge responsibility system reform.