宋代錄問制度考論
發(fā)布時(shí)間：2018-07-14 12:35
【摘要】：宋代的法律在中國(guó)法律史上達(dá)到了一個(gè)新的高度,其制度設(shè)計(jì)堪稱精妙。鞫讞分司制度實(shí)現(xiàn)了"審"與"判"的分離,是司法分權(quán)制衡加強(qiáng)中央集權(quán)和儒家慎刑恤獄思想的集中體現(xiàn)。案件經(jīng)審案官推鞫結(jié)案,由不需要回避的其他官員提審犯罪嫌疑人進(jìn)行錄問,錄問翻異則案件推倒重來,選未涉案的其他官吏再次推鞫,錄問無翻異則檢法議刑由讞司審定結(jié)案。這種案件經(jīng)推鞫官審結(jié),在沒有檢法議刑之前由其他司法官吏提審犯罪嫌疑人對(duì)案件進(jìn)行核實(shí)復(fù)審的制度是宋代重要且獨(dú)有的司法制度。錄問制度不僅適用于刑事案件,也適用于民事案件。雖然錄問制度在當(dāng)時(shí)的歷史環(huán)境下存在許多弊端,但從歷史角度看,對(duì)于防范濫施刑訊和及時(shí)糾正冤假錯(cuò)案具有一定的積極意義,不失為民本思想的一種體現(xiàn)。
[Abstract]:The law of the Song Dynasty reached a new height in the history of Chinese law. The system of judicial division realizes the separation of "trial" and "judgment", which is the concentrated embodiment of the centralization of judicial power and the careful punishment and compassionate prison of Confucianism. The case was closed by the ad litem officers, and the other officials who did not need to be evaded were brought to record the suspects for questioning. If the case was recorded and turned over, the case was brought back and the other officials who were not involved in the case were selected to push the case again. Record ask not turn over the law to discuss the sentence by the Department of examination and conclusion of the Department. It is an important and unique judicial system in the Song Dynasty that such cases are concluded by the officials, and the criminal suspects are arraigned by other judicial officials for verification and reexamination before the procuratorial law is discussed. The record system applies not only to criminal cases, but also to civil cases. Although there are many drawbacks in the historical environment of that time, the system of recording and questioning has certain positive significance in preventing the abuse of torture and rectifying the cases of injustice and falsehood from the historical point of view, and it is a embodiment of the people-oriented thought.
【作者單位】： 西南政法大學(xué);
【分類號(hào)】：D929
本文編號(hào)：2121662
[Abstract]:The law of the Song Dynasty reached a new height in the history of Chinese law. The system of judicial division realizes the separation of "trial" and "judgment", which is the concentrated embodiment of the centralization of judicial power and the careful punishment and compassionate prison of Confucianism. The case was closed by the ad litem officers, and the other officials who did not need to be evaded were brought to record the suspects for questioning. If the case was recorded and turned over, the case was brought back and the other officials who were not involved in the case were selected to push the case again. Record ask not turn over the law to discuss the sentence by the Department of examination and conclusion of the Department. It is an important and unique judicial system in the Song Dynasty that such cases are concluded by the officials, and the criminal suspects are arraigned by other judicial officials for verification and reexamination before the procuratorial law is discussed. The record system applies not only to criminal cases, but also to civil cases. Although there are many drawbacks in the historical environment of that time, the system of recording and questioning has certain positive significance in preventing the abuse of torture and rectifying the cases of injustice and falsehood from the historical point of view, and it is a embodiment of the people-oriented thought.
【作者單位】： 西南政法大學(xué);
【分類號(hào)】：D929
【相似文獻(xiàn)】
相關(guān)期刊論文 前3條
1 呂志興;宋代司法中的分權(quán)與監(jiān)督制度初探[J];中央政法管理干部學(xué)院學(xué)報(bào);2000年03期
2 陳璽;;唐京畿地區(qū)司法監(jiān)察系統(tǒng)的演進(jìn)與發(fā)達(dá)[J];蘭臺(tái)世界;2011年16期
3 ;[J];;年期
，本文編號(hào)：2121662
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