宋代赦降制度的法律分析
发布时间：2018-08-28 11:58
【摘要】：宋代赦降,在制度类型、颁布次数、程序完善等方面较前代均有所发展与创新,达到中国古代赦宥制度发展的顶峰。本论文在前人研究的基础上,从以下五个方面分析宋代的赦降制度： 一、在赦降的分类上,通过分析宋代赦降传统四大分类法中的制度重叠和逻辑漏洞,结合现代法学理论,以其效力范围广狭为标准,重新将宋代赦降制度分为“大赦”和“特赦”两大类。“大赦”和“特赦”又分别分为两小类。 二、从赦降的发起、赦书的起草、赦降的颁宣、赦书的传递、地方的承接和宣行五个阶段考察了宋代一整套保证赦降正常运行的法律制度。具体分析了赦降的发起中皇帝主动提起和臣僚议请两大情形；将赦书的起草分为赦书内容的拟定、首尾词的起草、赦书的誊录三个基本步骤；在赦书的传递上,宋代律法有详细的关于赦书传递速度、方法等规定；最后分析了地方官员承接中央赦书的仪式,以及对赦书存档并继续向民众传递赦降信息等。 三、从时间效力、空间效力、对人效力、对事效力四个角度分析了宋代赦降的法律效力。分析了宋代对“赦宥期限”两种不同的规定模式；阐释了赦降所及地域在王朝初期、中期和末期的极大差异性；通过统计北宋曲赦次数、地域和赦由,分析了宋代曲赦在地域上高度集中的特征；在对人效力、对事效力上,细致阐释了宋代赦文中诸如“已结正、未结正”、“已发觉、未发觉”、“限赦到百日内陈首”、“常赦所不免”等法律惯用语。 四、将宋代赦降的法律效果分为刑事法律效果、行政和民事法律效果以及对官员的法律效果。刑事上着重分析赦降对主刑和从刑不同的法律效果,以及赦免刑罚后存在的“移乡”等一系列问题；行政和民事上主要从减放公家租税和免除民间私债两个方面进行阐述：赦降对于官僚阶层的影响主要从对一般官僚阶层的推恩和对左降官的量移两个角度进行分析。 五、余论部分简略分析了恩赦制度之所以行两千年而不废的原因,并且着重分析了赦宥制度在宋代达到顶峰的特殊时代背景。
[Abstract]:In the Song Dynasty, the system type, the times of promulgation and the perfection of the procedure were all developed and innovated compared with the previous dynasties, which reached the peak of the development of the system of pardon and forgiveness in ancient China. On the basis of previous studies, this paper analyzes the amnesty and drop system in Song Dynasty from the following five aspects: first, in the classification of amnesty and drop, through the analysis of the system overlap and logical loopholes in the four traditional classification of amnesty in Song Dynasty. On the basis of modern legal theory and its wide scope of validity, the system of amnesty and subordination in Song Dynasty is reclassified into two categories: amnesty and amnesty. "Amnesty" and "amnesty" are divided into two small categories. Second, from the initiation of amnesty, the drafting of amnesty books, the publication of amnesty, the transmission of amnesty books, and the acceptance and implementation of local governments, this paper examines a set of legal systems to ensure the normal operation of amnesty in the Song Dynasty. It analyzes the two major situations of the emperor's initiative to raise and the minister's staff to discuss in the launching of the amnesty, and divides the drafting of the amnesty book into three basic steps: the drafting of the contents of the amnesty book, the drafting of the first and last words, and the transcription of the amnesty book; and the transmission of the amnesty book. The law of Song Dynasty has detailed regulations on the speed and method of transferring amnesty books. Finally, it analyzes the ceremony of local officials to accept the central amnesty books, as well as the archiving of amnesty books and the continued transmission of amnesty information to the public. Thirdly, it analyzes the legal effect of amnesty in Song Dynasty from four angles: time effect, space effect, human effect and matter effect. This paper analyzes on the two different prescriptive models of "the period of pardon and forgiveness" in the Song Dynasty, explains the great differences between the regions covered by the amnesty in the early, middle and late periods of the dynasty, and counts the times, regions and reasons of the amnesty in the Northern Song Dynasty. This paper analyzes on the characteristics of high concentration of qu amnesty in the Song Dynasty, in terms of its effect on people and matters, it explains in detail the text of the amnesty in Song Dynasty, such as "completed, not completed", "discovered, not discovered", "restricted to the first of a hundred days," Legal idioms such as "always pardoning". Fourth, the legal effect of amnesty in Song Dynasty is divided into criminal legal effect, administrative and civil legal effect and legal effect to officials. From the criminal point of view, the author focuses on the analysis of the different legal effects of amnesty on the principal punishment and the subordinate punishment, as well as a series of problems such as "moving the countryside" after the pardon of the penalty. Administrative and civil aspects mainly from the reduction of public rental tax and exemption from private debt two aspects: the impact of amnesty on the bureaucratic stratum mainly from the general bureaucracy of the promotion of the two angles and the amount of the transfer of officials to the left to carry on the analysis. Fifth, the last part briefly analyzes the reason why the amnesty system has not been abolished in the year 2000, and emphatically analyzes the special background of the special era when the system of pardon and pardon reached its peak in the Song Dynasty.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D924.1
[Abstract]:In the Song Dynasty, the system type, the times of promulgation and the perfection of the procedure were all developed and innovated compared with the previous dynasties, which reached the peak of the development of the system of pardon and forgiveness in ancient China. On the basis of previous studies, this paper analyzes the amnesty and drop system in Song Dynasty from the following five aspects: first, in the classification of amnesty and drop, through the analysis of the system overlap and logical loopholes in the four traditional classification of amnesty in Song Dynasty. On the basis of modern legal theory and its wide scope of validity, the system of amnesty and subordination in Song Dynasty is reclassified into two categories: amnesty and amnesty. "Amnesty" and "amnesty" are divided into two small categories. Second, from the initiation of amnesty, the drafting of amnesty books, the publication of amnesty, the transmission of amnesty books, and the acceptance and implementation of local governments, this paper examines a set of legal systems to ensure the normal operation of amnesty in the Song Dynasty. It analyzes the two major situations of the emperor's initiative to raise and the minister's staff to discuss in the launching of the amnesty, and divides the drafting of the amnesty book into three basic steps: the drafting of the contents of the amnesty book, the drafting of the first and last words, and the transcription of the amnesty book; and the transmission of the amnesty book. The law of Song Dynasty has detailed regulations on the speed and method of transferring amnesty books. Finally, it analyzes the ceremony of local officials to accept the central amnesty books, as well as the archiving of amnesty books and the continued transmission of amnesty information to the public. Thirdly, it analyzes the legal effect of amnesty in Song Dynasty from four angles: time effect, space effect, human effect and matter effect. This paper analyzes on the two different prescriptive models of "the period of pardon and forgiveness" in the Song Dynasty, explains the great differences between the regions covered by the amnesty in the early, middle and late periods of the dynasty, and counts the times, regions and reasons of the amnesty in the Northern Song Dynasty. This paper analyzes on the characteristics of high concentration of qu amnesty in the Song Dynasty, in terms of its effect on people and matters, it explains in detail the text of the amnesty in Song Dynasty, such as "completed, not completed", "discovered, not discovered", "restricted to the first of a hundred days," Legal idioms such as "always pardoning". Fourth, the legal effect of amnesty in Song Dynasty is divided into criminal legal effect, administrative and civil legal effect and legal effect to officials. From the criminal point of view, the author focuses on the analysis of the different legal effects of amnesty on the principal punishment and the subordinate punishment, as well as a series of problems such as "moving the countryside" after the pardon of the penalty. Administrative and civil aspects mainly from the reduction of public rental tax and exemption from private debt two aspects: the impact of amnesty on the bureaucratic stratum mainly from the general bureaucracy of the promotion of the two angles and the amount of the transfer of officials to the left to carry on the analysis. Fifth, the last part briefly analyzes the reason why the amnesty system has not been abolished in the year 2000, and emphatically analyzes the special background of the special era when the system of pardon and pardon reached its peak in the Song Dynasty.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D924.1
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