清末为仿行宪政而进行的官制改革使传统的司法制度发生了历史性的变革。法部由于承担了包括审判在内的过多职能而阻碍了司法改革的进一步深入。为实现审判独立 ,大理院与法部就死刑案、重案的复核权及人事权展开了激烈的争夺。清政府未能及时解决改革中出现的问题 ,致使部院之争逐步升级。在清政府行政手段的调整下 ,部院之间终以相互妥协的方式就权限划分达成一致。部院之争不仅是政治体制近代化过程中机构之间的权力之争 ,更是司法权与行政权实现彻底分离这一变革与传统体制之间不可避免的冲突。 The reform of the official system in the late Qing Dynasty for imitating the constitutional government made historic changes to the traditional judicial system. The Ministry of Justice has hampered further judicial reform by assuming excessive functions, including trials. In order to achieve the independence of the trial, the Daliyuan and the Ministry of Justice fiercely contested the death penalty case, the reviewing case and the personnel case of serious cases. The failure of the Qing government to timely solve the problems that emerged in the reform led to a gradual escalation of the dispute between ministries and agencies. With the adjustment of the administrative measures of the Qing government, the departments and commissions finally reached an agreement on the division of powers between themselves and the government through mutual compromise. The dispute between ministries is not only a dispute over the power among the agencies in the process of the modernization of the political system, but also an inevitable conflict between the transformation of the separation of the judiciary and the executive power from the traditional one.