宋代录问制度考论
发布时间：2018-07-14 12:35
【摘要】：宋代的法律在中国法律史上达到了一个新的高度,其制度设计堪称精妙。鞫谳分司制度实现了"审"与"判"的分离,是司法分权制衡加强中央集权和儒家慎刑恤狱思想的集中体现。案件经审案官推鞫结案,由不需要回避的其他官员提审犯罪嫌疑人进行录问,录问翻异则案件推倒重来,选未涉案的其他官吏再次推鞫,录问无翻异则检法议刑由谳司审定结案。这种案件经推鞫官审结,在没有检法议刑之前由其他司法官吏提审犯罪嫌疑人对案件进行核实复审的制度是宋代重要且独有的司法制度。录问制度不仅适用于刑事案件,也适用于民事案件。虽然录问制度在当时的历史环境下存在许多弊端,但从历史角度看,对于防范滥施刑讯和及时纠正冤假错案具有一定的积极意义,不失为民本思想的一种体现。
[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.
【作者单位】： 西南政法大学;
【分类号】：D929
本文编号：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.
【作者单位】： 西南政法大学;
【分类号】：D929
【相似文献】
相关期刊论文 前3条
1 吕志兴;宋代司法中的分权与监督制度初探[J];中央政法管理干部学院学报;2000年03期
2 陈玺;;唐京畿地区司法监察系统的演进与发达[J];兰台世界;2011年16期
3 ;[J];;年期
，本文编号：2121662
本文链接：https://www.wllwen.com/falvlunwen/falilunwen/2121662.html
