与以保护个体权利为宗旨的近代西方法律不同 ,中国传统司法制度一直将“和谐”或“秩序”作为其最高目标。集历代经验之大成的清代司法可谓典型代表。但这套司法制度的运作 ,最终能否遂愿 ,却往往出乎统治者的意料。从权力监督、诉讼成本、司法效率、证据原则、当事人的诉讼代理权、司法信用、对责任的规避等七个方面的考察足见清代司法在追求其最高目标的过程中遭遇了种种阻力。以文化形态表现的各类惰性因素仍在侵蚀着体现文明进步的近代司法。这也是我们今天仍要推进司法改革的深层原因。 Unlike modern Western law, which aims to protect the rights of individuals, China’s traditional judicial system has always regarded “harmony” or “order” as its highest goal. Set the culmination of past experience can be described as a typical representative of the Qing Dynasty. However, it is often beyond the expectation of the rulers that the operation of the judicial system ultimately can be fulfilled. From the aspects of power supervision, litigation cost, judicial efficiency, evidence principle, parties’ litigation power, judicial credit, and avoidance of responsibility, the judiciary in Qing Dynasty has encountered various resistances in the pursuit of its highest goal. The various inertia manifested in cultural forms are still eroding the modern judiciaries that reflect the progress of civilization. This is also the deep reason why we still have to promote judicial reform today.