中国律师最早的执业舞台——光绪三十二年(1906)天津在全国率先试办审判厅。

The earliest practice stage for Chinese lawyers——Tianjin took the lead in setting up adjudicative office in the country in 1906.

早在光绪二十八年二月初二(1902年3月11日),清政府便下诏:“慎选熟悉中西律例者,保送来京,听候简派,开馆编纂。”随后,沈家本、伍廷芳开始“参酌各国法律,悉心考订”,并在给光绪皇帝的奏折中阐述了设立律师的必要性:“夫以华人讼案,借外人辩护,已觉扞格不通……且领事治外之权,因之更形滋蔓,后患何堪设想!”光绪三十二年(1906),沈家本、伍廷芳主持完成了《大清刑事民事诉讼法草案》,直接引进了西方诉讼制度和律师制度。这是中国第一部诉讼法规草案,也是中国第一部明确规定律师辩护制度的法律草案,不过终因各地督抚以“招致祸患”为由,百般阻挠而胎死腹中。在清政府着手进行司法改革的背景下,直隶总督兼北洋大臣袁世凯于光绪三十二年决定在天津试办审判厅,并令天津知府凌福彭拟定章程、筹建审判厅。光绪三十三年二月十日(1907年3月23日),天津高等审判分厅正式对外办公,全国最早的地方审判机构、检察机构在天津成立。

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天津地方法院
Tianjin District Court

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天津府属试办审判厅章程
Regulation on Tianjin Pilot Adjudicative Office

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20 世纪前期的天津地方法院
Tianjin District Court in the early 20th century

As early as March 11, 1902, the Qing government issued an order: “Carefully select those who are familiar with Chinese and Western laws, and recommend them to Beijing, waiting for the briefing, and opening the library for compilation.”After that, Shen Jiaben and Wu Tingfang began to “consider the Western laws and carefully study the rules”.In the memorial to Emperor Guangxu, they explained the necessity of setting up a lawyer: “Using a Chinese case and borrowing a foreigner to defend his case, we has found it to be unreasonable.Moreover, the consul's power of extraterritoriality has become more tainted.How can the future troubles be imagined? ”In 1906, Shen Jiaben and Wu Tingfang presided over the completion of The Draft Criminal and Civil Procedure Law of Qing Dynasty and directly introduced the Western litigation system and lawyer system.This is the first draft of China's litigation regulations, and it is also China's first draft law that clearly stipulates the lawyer's defense system.However, it was still aborted due to various interruptions by local governors on the grounds of “causing disaster”.Under the background of the Qing government embarking on judicial reform, Yuan Shikai,the Governor of Zhili and the Minister of Beiyang, decided in 1906 to set up a adjudicative office in Tianjin and ordered the Magistrate of Tianjin, Ling Fupeng,to draw up a charter and prepare for the establishment of a adjudicative office.On March 23, 1907, the Tianjin High Adjudicative Branch officially opened its doors to the outside world, and the country's earliest local judicial and procuratorial institutions were established in Tianjin.

天津高等审判分厅与此前在天津设立的全国最早的警察机构和最早的近代监狱(习艺所)共同形成了近代天津完备的司法体系。宣统元年(1909)和宣统二年(1910),清政府先后颁布了《各级审判厅试办章程》和《法院编制法》,以法律的形式明确了律师存在的合法性,比如“充京师及各省法政学堂,律师历三年以上者;候补推事,候补检察官,充任京、省法政学堂教习五年以上者”等等。作为律师执业的重要舞台,审判厅成立以后,民间讼师也再度活跃起来。通过对欧美的司法制度的考察,清政府深刻地认识到:“各国审判制度虽略有不同,但律师之保障权利,征东西之各国,殆无不一致。我国省城及商埠审判厅业于年前次第成立,自应及时筹设律师。”民间的诉求和司法机器的运转,使得法律职业共同体的形成完全不能脱离律师制度,清政府的各级审判厅对于及时引进律师的尝试,始终在曲折中前行。

The Tianjin High Adjudicative Branch and the country's earliest police agency and the earliest modern prison (workshop) previously established in Tianjin have formed a complete judicial system in modern Tianjin.In 1909 and 1910, the Qing government successively promulgated the Trial Regulations for Adjudicative Offices at All Levels and the Court Preparation Law, clarified the legality of the existence of lawyers in the form of law.For example, those who once held positions in the capital and the law and politics schools of various provinces, have a lawyer with more than three years of experience, alternate judge, alternate prosecutor,those who have served as a teacher in the Beijing or Provincial School of Law and Political Science for more than five years, etc.As an important stage for lawyers to practice, after the adjudicative office was established, civil shysters are also active again.Through the inspection of the European and American judicial systems, the Qing government deeply realized: “Although the trial systems of different countries are slightly different, the protection of the rights of lawyers is the same in all countries in the East and the West.Adjudicative offices in our country's provincial cities and commercial ports have been established years ago,so it is natural that lawyers should be established in time.” The demands of the common people and the operation of the judicial apparatus make the formation of a legal professional community completely inseparable from the lawyer system.The adjudicative offices at all levels of the Qing government always tried to bring in lawyers in a timely manner.