張一鵬其人其著與司法實踐

Jurist Zhang Yipeng’s Life, Writings, and His Judicial Practice

張一鵬（1872-1944）是近代著名的法政人物。他舉人出身而留日學習法政，半生活躍於政壇，長期在司法部門任職，從事過律師業務，熱心地方公益事業，是許多重大歷史事件的親歷者，堪稱清末民初法律人的縮影。其著譯頗豐，如在日創辦《法政雜誌》，編譯《刑事訴訟法》等書籍，並將《法典論》、《檢察講義》等著作最早翻譯介紹到國內。其法政實踐主要集中在收回法權，教養、犯罪預防與獄制改良，地方自治等領域。考察其生平，使這一參與法律近代化進程的「失蹤者」重回大眾視野，可以管窺一代法律人所作的努力。

Zhang Yipeng 張一鵬 (1872-1944) is a well-known legal and political figure in modern Chinese history. As a young man he first earned a juren 舉人 degree in the imperial examination and then studied law in Japan. He was active in politics for half of his life. He also worked in the judicial department for a long time and was a lawyer. He was enthusiastic about local public welfare, and personally experienced many important historical events. He was one of a number of legal professionals in the late Qing dynasty and the early Republic of China. He wrote and translated many books; for example, he founded the Legal Affairs Magazine (Fazheng zazhi 法政雜誌) in Japan, edited and translated Criminal Procedure Law (Xingshi susong fa 刑事訴訟法) and other books, and was the first to translate the Treatise on Legal Codes (Fadian lun 法典論) and Lectures on [the] Prosecutorial System (Jiancha jiangyi 檢察講義) into Chinese. His legal and political practice mainly focused on revoking extraterritoriality and other foreign legal privileges, education, crime prevention, prison reform, and local autonomy. Examining his life will restore this “missing person” who participated in the process of legal modernization to public view and provide a glimpse into the efforts of a generation of legal professionals.