透过民国时期的法官与律师看司法腐败的生成——以江西地区为例

民国时期江西地区是一个富有多样性的司法实践场域,而司法制度变革成效有赖于法律职业群体的努力推进,其中以法官和律师的作用最为关键。由于狭隘的地域人际圈子,造成具有共同专业背景的法官与律师之间固结勾兑的利益联盟。而日益困窘的生活状况又加剧了司法人员权力寻租的恶习,加上司法人员岗位轮换频繁的体制影响,使得家祠化的司法机关成为任用私人和贪赃枉法的渊薮。备受社会舆论和当事人抨击的法官和律师,同时也频频受到体制内的检控惩戒,寄望于如此消极低效的法律职业群体来推进司法制度变革前行,无异于痴人说梦。腐败不堪的江西地方司法预示着基层民众对法律信仰的彻底丧失,而这些旧法统的操持者注定要为旧法统和旧政权殉葬。

Through the Judges and Lawyers in the Period of the Republic of China to See the Formation of Judicial Corruption--Take Jiangxi as an Example

During the Republic China period,Jiangxi was a diverse field of judicial practice,and the effect of judicial system reform depended on the efforts of the legal profession among which the role of judges and lawyers was the most crucial.Due to the narrow regional interpersonal circle,the interests of judges and lawyers with common professional background were consolidated.While the increasingly poor living conditions had intensified the vicious practice of rent-seeking by judicial personnel and effect by the system of frequent job rotation of judicial personnel,it had made judicial organs which were controlled by blood become a place where people only use own man and accept money for letting someone break the law.Judges and lawyers,who had been attacked by public opinion and litigants,also were frequently prosecuted and punished within the system.It was just a fantasy to expect such a passive and inefficient legal profession to push forward the reform of the judicial system.The corrupt local judicial system of Jiangxi province indicates the complete fail of the basic people’s faith in law and these operators of old ruling are fated to be buried with old ruling and old regime.