南宋初期的冤獄與政治
發(fā)布時間：2018-09-10 11:47
【摘要】：宋高宗南渡,駐蹕臨安,忘靖康之恥、父兄之辱,不惜屈膝與金人締結(jié)和約,收諸大將兵權(quán),形成偏安東南的政治格局。為了達到這一政治目的,高宗政權(quán)曾不惜觸動社會道德觀念,制造諸多冤獄案件。無可否認,南宋初期的冤獄案件,直接關(guān)系到宋高宗政權(quán)的種種政治舉措。本文正是以冤獄事件與政治目的為研究對象,以南宋初期的法治狀況,建炎、紹興年間的冤獄事件與政治訴求及紹興末年的政治走向,作為考察的框架,從而勾勒出南宋初期政治運作的大致脈絡(luò),進而揭示諸如冤獄事件一般的非規(guī)則性政治行為的運作路徑。 南宋初期冤獄事件的規(guī)模性與宋高宗的法制建設(shè)理念,直接透視出法律解釋冤獄事件的悖論,同時也為我們開啟了一條探討政治行為的路徑。建炎年間的冤獄個案,主要基于宋高宗南渡之后對圍城罪人的處置,其間不同的審判結(jié)果及審訊過程,顯然成為考察政權(quán)肇始之時政治取舍的最佳出路。而南宋初年道學的正統(tǒng)地位的確立,不僅彰顯出政治文化的變遷,亦成為考察建炎至紹興初宋高宗政權(quán)政治取舍的全新角度。紹興和議締結(jié)前后所發(fā)生的群體冤獄事件,實在關(guān)切著和議國是的促成及收兵權(quán)事宜的實施,與之同時,宋高宗針對道德秩序的話語導向及民事舉措的推行,實則為執(zhí)政者政治交換行為完善了條件。最后,紹興冤獄的平反、反秦檜運動的開展,當是考察高宗朝后期政治意向的出口,而“紹興更化”時代背景下的制度更革及政權(quán)構(gòu)造,又是考察南宋初期政治走向及偏安東南政治格局形成的基礎(chǔ)。 大致來說,建炎年間冤獄事件的出現(xiàn),主要取決于宋高宗穩(wěn)定南渡政局及重構(gòu)正統(tǒng)皇權(quán)的政治目的,而紹興年間冤獄事件的爆發(fā),大多是為了宋高宗政權(quán)締結(jié)宋金和議及鞏固政治基礎(chǔ),兩者的政治目的雖異,政治利益的交換路徑卻相仿。本文即是通過對南宋初期冤獄事件與政治運作關(guān)系的探究,初步揭示諸如冤獄事件所折射出的一般的非規(guī)則性政治行為在政治運作中的作用,以及這種符合政治常態(tài)的政治行為,對政治利益考量的客觀意圖。此外,為獲取即時的政治利益,執(zhí)政者恰逢時機地行用冤獄手段,來掃平政策推行中的障礙,凈化一個期望中的政治環(huán)境。繼而在實現(xiàn)預期政治利益之中或之后,又不失時機地建構(gòu)王道理論,來重構(gòu)道德話語秩序及頒布惠民政策,對社會失衡狀況下的民眾進行象征性的道德?lián)嵛炕蚶嫜a償。這一看似簡單實則復雜的政治行為路徑告訴我們,在政權(quán)主導者的視域中,非規(guī)則性政治行為并沒有違背政治行為的準則,非對等政治交換也不是一個即時的政治舉措,政治語境下的道德關(guān)懷,實為謀求政治利益的謀略,絕不是“以人為本”的虛幻面紗。
[Abstract]:Song Gaozong Nandu, stationed in Lin'an, forget the shame of Jing Kang, father and brother of the humiliation, at the knees with the Jin people to conclude a peace treaty, the power of the general, forming a political pattern in the southeast. In order to achieve this political goal, Gao Zong regime did not hesitate to touch social morality and create many unjust prison cases. Undeniably, the case of unjust imprisonment in the early Southern Song Dynasty is directly related to the political measures of the Song Gaozong regime. This article takes the unjust prison event and the political purpose as the research object, taking the rule of law in the early period of the Southern Song Dynasty, the establishment of inflammation, the unjust prison event and the political appeal of the Shaoxing period and the political trend of the last year of Shaoxing as the framework of the investigation. In order to outline the general context of political operation in the early Southern Song Dynasty, and then reveal the operation path of irregular political behavior such as unjust imprisonment. The scale of the unjust prison incident in the early Southern Song Dynasty and the concept of the legal system construction of the Song Gaozong had a direct perspective on the paradox of the legal interpretation of the unjust prison incident, and at the same time opened a way for us to explore the political behavior. The case of unjust imprisonment during the Jianyan period was mainly based on the treatment of the sinners besieged by Song Gaozong after Nandu. The different trial results and the trial process were obviously the best way to choose and choose when the regime began to be examined. The establishment of the orthodox position of Taoism in the early years of the Southern Song Dynasty not only showed the change of political culture, but also became a new angle to investigate the political choice between the Jian-Yan and the early Song Gaozong regime in Shaoxing. The group unjust prison incident that occurred before and after the conclusion of the Shaoxing Peace Conference was really concerned about the promotion of the Hexing State and the implementation of the right to receive troops. At the same time, Song Gaozong's discourse direction on moral order and the implementation of civil measures were also concerned. In fact, the political exchange for the rulers to improve the conditions. Finally, the vindication of the unjust prison in Shaoxing, and the development of the anti-Qin Hui movement, should be an examination of the export of political intentions in the late period of the Kaozong Dynasty, and the system and political structure under the background of the era of "Shaoxing becoming more refined". It is also the basis of investigating the political trend in the early Southern Song Dynasty and the formation of the political pattern in the southeast of Anan. Generally speaking, the occurrence of the unjust prison incident during the Jianyan period mainly depended on the political purpose of stabilizing the political situation in the southern region of Gaozong and reconstructing the orthodox imperial power, and the outbreak of the unjust prison incident in Shaoxing. Most of them are for the conclusion of the Song and Jin dynasties and the consolidation of the political foundation. Although the political purposes of the two are different, the exchange path of political interests is similar. This paper explores the relationship between the miscarriage of justice and the political operation in the early Southern Song Dynasty, and reveals the role of the general irregular political behavior in the political operation, as reflected by the miscarriage of justice. And this political behavior in line with the political normal, the objective intention of political interest consideration. In addition, in order to obtain immediate political benefits, the rulers use unjust imprisonment at the right time to clear up the obstacles in the implementation of the policy and to purify a desired political environment. Then in or after the realization of the expected political interests, and lost no time to construct the theory of king's way, to reconstruct the moral discourse order and promulgate the policy of benefiting the people, and carry on symbolic moral comfort or benefit compensation to the people under the condition of social imbalance. This seemingly simple and complex path of political behavior tells us that in the perspective of regime leaders, non-regular political behavior does not violate the norms of political conduct, and non-reciprocal political exchange is not an immediate political move. The moral concern in the political context is in fact a strategy for seeking political interests, and is by no means an illusory veil of "people-oriented".
【學位授予單位】：上海師范大學
【學位級別】：博士
【學位授予年份】：2011
【分類號】：K245
本文編號：2234349
[Abstract]:Song Gaozong Nandu, stationed in Lin'an, forget the shame of Jing Kang, father and brother of the humiliation, at the knees with the Jin people to conclude a peace treaty, the power of the general, forming a political pattern in the southeast. In order to achieve this political goal, Gao Zong regime did not hesitate to touch social morality and create many unjust prison cases. Undeniably, the case of unjust imprisonment in the early Southern Song Dynasty is directly related to the political measures of the Song Gaozong regime. This article takes the unjust prison event and the political purpose as the research object, taking the rule of law in the early period of the Southern Song Dynasty, the establishment of inflammation, the unjust prison event and the political appeal of the Shaoxing period and the political trend of the last year of Shaoxing as the framework of the investigation. In order to outline the general context of political operation in the early Southern Song Dynasty, and then reveal the operation path of irregular political behavior such as unjust imprisonment. The scale of the unjust prison incident in the early Southern Song Dynasty and the concept of the legal system construction of the Song Gaozong had a direct perspective on the paradox of the legal interpretation of the unjust prison incident, and at the same time opened a way for us to explore the political behavior. The case of unjust imprisonment during the Jianyan period was mainly based on the treatment of the sinners besieged by Song Gaozong after Nandu. The different trial results and the trial process were obviously the best way to choose and choose when the regime began to be examined. The establishment of the orthodox position of Taoism in the early years of the Southern Song Dynasty not only showed the change of political culture, but also became a new angle to investigate the political choice between the Jian-Yan and the early Song Gaozong regime in Shaoxing. The group unjust prison incident that occurred before and after the conclusion of the Shaoxing Peace Conference was really concerned about the promotion of the Hexing State and the implementation of the right to receive troops. At the same time, Song Gaozong's discourse direction on moral order and the implementation of civil measures were also concerned. In fact, the political exchange for the rulers to improve the conditions. Finally, the vindication of the unjust prison in Shaoxing, and the development of the anti-Qin Hui movement, should be an examination of the export of political intentions in the late period of the Kaozong Dynasty, and the system and political structure under the background of the era of "Shaoxing becoming more refined". It is also the basis of investigating the political trend in the early Southern Song Dynasty and the formation of the political pattern in the southeast of Anan. Generally speaking, the occurrence of the unjust prison incident during the Jianyan period mainly depended on the political purpose of stabilizing the political situation in the southern region of Gaozong and reconstructing the orthodox imperial power, and the outbreak of the unjust prison incident in Shaoxing. Most of them are for the conclusion of the Song and Jin dynasties and the consolidation of the political foundation. Although the political purposes of the two are different, the exchange path of political interests is similar. This paper explores the relationship between the miscarriage of justice and the political operation in the early Southern Song Dynasty, and reveals the role of the general irregular political behavior in the political operation, as reflected by the miscarriage of justice. And this political behavior in line with the political normal, the objective intention of political interest consideration. In addition, in order to obtain immediate political benefits, the rulers use unjust imprisonment at the right time to clear up the obstacles in the implementation of the policy and to purify a desired political environment. Then in or after the realization of the expected political interests, and lost no time to construct the theory of king's way, to reconstruct the moral discourse order and promulgate the policy of benefiting the people, and carry on symbolic moral comfort or benefit compensation to the people under the condition of social imbalance. This seemingly simple and complex path of political behavior tells us that in the perspective of regime leaders, non-regular political behavior does not violate the norms of political conduct, and non-reciprocal political exchange is not an immediate political move. The moral concern in the political context is in fact a strategy for seeking political interests, and is by no means an illusory veil of "people-oriented".
【學位授予單位】：上海師范大學
【學位級別】：博士
【學位授予年份】：2011
【分類號】：K245
【引證文獻】
相關(guān)期刊論文 前1條
1 董春林;;撰與刻的政治構(gòu)想——南宋夔門《皇宋中興圣德頌》的文化涵義[J];重慶三峽學院學報;2012年04期
相關(guān)碩士學位論文 前1條
1 孫超;兩宋之際的政治理念初探[D];河北師范大學;2012年
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