《民事刑事诉讼暂行章程》考略

学界一般认为，清末修律过程中，修订法律馆一共起草了三部诉讼法草案。但通过有关档案资料的梳理，可以断定还有另一部诉讼法草案存在，这就是《民事刑事诉讼暂行章程》。清廷起草这部章程，是为了应付《法院编制法》颁布之后、两部诉讼律颁布之前的即时之需；但是由于时局的发展，这部草案却最终没有被奏进。

Textual Research on the Provisional Act of Civil and Criminal Procedure

It is broadly accepted that there are three bills of procedural law during the law reform of late Qing.How ever,the archives tell that there is still another procedural law bill,namely "the Provisional Act of Civil and Criminal Procedure".When the government of Qing decided to draft out the act,it is expected to fill up the absence of procedural law before enacting of the two procedural law codes.As the political situation changed,however,it wasn't submitted to the highest authority of Qing,and was lost in the history.