西周春秋狱讼制度三题

发布时间：2018-03-22 00:23

  本文选题：西周春秋　切入点：狱讼　出处：《清华大学学报(哲学社会科学版)》2017年02期 　论文类型：期刊论文

【摘要】：西周春秋狱讼中的“要”,又称“要辞”,指记录狱辞的狱讼文书。西周春秋狱讼有“合要”制度,指将“要契”剖为两半,命狱讼双方各书狱辞于其上,再将两半考合,以对验狱辞。《论语·颜渊》“片言折狱”的“片言”即指半片“要契”所书狱讼一方之单辞。西周春秋狱讼有“代坐”制度。从西周金文看,代坐分为属吏代坐和子弟代坐两种。贵族虽不亲自坐狱,但是是否命他人代坐,则根据狱讼情况而定。传世文献记载西周春秋的狱讼由“司寇”“士”等专门职官负责,但是从西周金文看,西周狱讼并无专官管理,审断狱讼由争讼双方共同认可的具有权威之人进行,这些人并不固定,往往是争讼双方的上级或周天子、太子、执政大臣等地位较高之人。
[Abstract]:The "want" of the Western Zhou Dynasty in the Spring and Autumn period, also known as the "want to resign", refers to the prison lawsuit document that records the resignation of the prison. The Western Zhou Dynasty has a system of "consonance" in the prison case, which means that the "want deed" is divided into two halves, ordering each of the prison and litigant parties to resign on it, and then to take the two halves to complete the examination. The "film words" in "the book of the Analects of Analects of Confucius" refers to the single resignation of one of the parties to the prison. There is a system of "sitting on behalf" in the prison proceedings of the Western Zhou Dynasty and the Spring and Autumn dynasties. From the perspective of the Jin Dynasty of the Western Zhou Dynasty, there is a system of "sitting on behalf" in the prison proceedings of the Western Zhou Dynasty. The generation seat is divided into two types: the official sitting on the behalf of the official and the son sitting on the other side. Although the aristocrats do not sit in prison in person, it is decided according to the circumstances of the prison lawsuit whether the nobility does not appoint another person to sit in the prison. However, judging from the Jin Wen of the Western Zhou Dynasty, the Western Zhou prison litigation was not managed by a special official, and the trial and adjudication of the prison proceedings was conducted by people with authority jointly recognized by both sides of the dispute. These people were not fixed. They were often the superiors of the two parties to the dispute or the son of Zhou Tianzi, the prince. A higher ranking person, such as a ruling minister.
【作者单位】： 山东大学历史文化学院;
，

本文编号：1646239