两周狱讼制度的特征及其演变研究
发布时间：2018-10-24 22:40
【摘要】：狱讼制度的研究是中国古代史,尤其是中国古代法制史研究中的重要课题之一。然而,由于先秦史料亦比较零散,故对先秦的狱讼制度进行微观剖析的研究较多,而将之视为一个整体来研究的较少。鉴于此,本文拟从将两周作为一个时段来考察在此期间狱讼制度所呈现出的历史形态及其演变以及促使演变的因素,并将两周分作西周、春秋、战国三个历史阶段来考察狱讼制度在两周时期的演变历程。 两周是狱讼制度逐渐发展成形时期,狱讼制度在这一时段的发展,有三个方面的特色,而这三个特色基本上奠定了后世狱讼制度的基调：第一,狱讼制度在从商以前的初民社会的神判法脱胎后,与礼有着密不可分的关系。第二、在经春秋中晚期至战国时期的方方面面深入的大变革,尤其是思想界中法家思想的留传和被普遍采纳,以及国家官僚体制的形成,法取代礼成了狱讼制度的特征,但是这时的法更侧重赏和刑。第三,从文献中的记载来看,远古社会即已有不好争讼的风气,西周和春秋时期亦尽可能以礼消融纠纷,春秋战国时期无论儒家和法家,虽然在狱讼治理上所提倡的方法不同,但是二者对于狱讼的终极目标都是实现“无讼”,“无讼”的追求在先秦时期形成后,在后世狱讼文化中亦成为一个永恒的追求。先秦狱讼制度中所体现的这三种特色,对后世狱讼制度发展的方向影响深远,自汉以后历朝历代的狱讼制度皆在“礼”、“法”融合的基础上朝着“无讼”的理想而发展。 此外,由于历经春秋战国大变动,狱讼制度在这一个长时段中的各个历史分阶段,随着时代的变化而有着转折似的演变,其中最明显的是从礼向法的演变：至西周和春秋时期,狱讼则深受礼治和宗法制度的影响；至战国,狱讼被纳入国家的行政官僚体系下,而主导这一嬗变的历史因素有三：第一,在于春秋战国之间,由于纷争诱因的出现,春秋末期起,各国纷纷公布成文法,这在很大程度上则破坏了礼治阶段“议事以制”的裁决方式,使得礼崩乐坏进一步发展；第二,直面春秋战国大变革动乱的现实而针砭时弊地提出富国强兵对策的法家兴起,提出了以刑、赏为主要内容的法,以作为君主专制的利器；第三,战国时期在法家指导下的变法运动催生了新兴的官僚体制,为法家的法治思想的实践提供了条件。
[Abstract]:The study of prison litigation system is one of the important subjects in the study of ancient Chinese history, especially the history of ancient Chinese legal system. However, because of the scattered historical materials of the Pre-Qin Dynasty, there are more studies on the pre-Qin prison litigation system, but less on it as a whole. In view of this, this paper intends to take two weeks as a time period to examine the historical form and evolution of the prison litigation system during this period, and divide the two weeks into the Western Zhou Dynasty, Spring and Autumn period. Three historical stages of the warring States period to investigate the evolution of the prison litigation system in the two-week period. Two weeks is the period when the prison litigation system gradually develops and takes shape. The development of the prison litigation system in this period has three characteristics, and these three characteristics have basically laid the tone of the prison litigation system for later generations: first, The jail-litigation system was closely related to propriety after it was born out of the pre-commercial society. Second, during the period from the late Spring and Autumn period to the warring States period, great changes were made in every aspect, especially the legalist ideology in the ideological circle was widely adopted, and the formation of the state bureaucracy, so that the law replaced the ritual became the characteristic of the prison litigation system. But at this time the law is more focused on reward and punishment. Third, according to the records in the literature, the ancient society had already had a bad atmosphere of litigation, and the Western Zhou and the Spring and Autumn dynasties had also tried their best to melt disputes by ritual. During the Spring and Autumn and warring States periods, no matter the Confucian and Legalists, although the methods advocated in the administration of prison litigation were different, However, the ultimate goal of both of them is to realize "no lawsuit". The pursuit of "no lawsuit" became an eternal pursuit in the culture of prison litigation in later generations after the formation of the pre-Qin period. The three characteristics embodied in the system of prison litigation in the pre-Qin period have a profound influence on the development direction of the system of prison litigation in later generations. Since the Han Dynasty, the system of prison litigation has developed towards the ideal of "no litigation" on the basis of the fusion of "propriety" and "law". In addition, as a result of the great changes in the Spring and Autumn period and the warring States period, the system of prison litigation in this long period of time has evolved as a turning point with the changes of the times, the most obvious of which is the evolution from the ritual to the law: to the Western Zhou and the Spring and Autumn dynasties. During the warring States period, prison litigation was brought into the administrative bureaucracy of the country, and there were three historical factors that dominated the evolution: first, it was between the Spring and Autumn and warring States, because of the emergence of the causes of disputes. Since the end of the Spring and Autumn period, countries have promulgated statutory laws one after another, which to a large extent have undermined the ruling method of "deliberative system" in the stage of ritual rule, which has made the ritual collapse and music damage further developed. Second, Facing the reality of the great revolution and turmoil in the Spring and Autumn period and warring States period, the legalists who put forward the countermeasures to strengthen the armed forces of the rich nation and put forward the law with punishment and reward as the powerful weapon of the autocratic monarchy in the face of the reality of the Spring and Autumn period and warring States period. The reform movement under the guidance of the Legalists during the warring States period gave birth to a new bureaucratic system, which provided conditions for the practice of the legalist thought of the rule of law.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K224;D929
本文编号：2292778
[Abstract]:The study of prison litigation system is one of the important subjects in the study of ancient Chinese history, especially the history of ancient Chinese legal system. However, because of the scattered historical materials of the Pre-Qin Dynasty, there are more studies on the pre-Qin prison litigation system, but less on it as a whole. In view of this, this paper intends to take two weeks as a time period to examine the historical form and evolution of the prison litigation system during this period, and divide the two weeks into the Western Zhou Dynasty, Spring and Autumn period. Three historical stages of the warring States period to investigate the evolution of the prison litigation system in the two-week period. Two weeks is the period when the prison litigation system gradually develops and takes shape. The development of the prison litigation system in this period has three characteristics, and these three characteristics have basically laid the tone of the prison litigation system for later generations: first, The jail-litigation system was closely related to propriety after it was born out of the pre-commercial society. Second, during the period from the late Spring and Autumn period to the warring States period, great changes were made in every aspect, especially the legalist ideology in the ideological circle was widely adopted, and the formation of the state bureaucracy, so that the law replaced the ritual became the characteristic of the prison litigation system. But at this time the law is more focused on reward and punishment. Third, according to the records in the literature, the ancient society had already had a bad atmosphere of litigation, and the Western Zhou and the Spring and Autumn dynasties had also tried their best to melt disputes by ritual. During the Spring and Autumn and warring States periods, no matter the Confucian and Legalists, although the methods advocated in the administration of prison litigation were different, However, the ultimate goal of both of them is to realize "no lawsuit". The pursuit of "no lawsuit" became an eternal pursuit in the culture of prison litigation in later generations after the formation of the pre-Qin period. The three characteristics embodied in the system of prison litigation in the pre-Qin period have a profound influence on the development direction of the system of prison litigation in later generations. Since the Han Dynasty, the system of prison litigation has developed towards the ideal of "no litigation" on the basis of the fusion of "propriety" and "law". In addition, as a result of the great changes in the Spring and Autumn period and the warring States period, the system of prison litigation in this long period of time has evolved as a turning point with the changes of the times, the most obvious of which is the evolution from the ritual to the law: to the Western Zhou and the Spring and Autumn dynasties. During the warring States period, prison litigation was brought into the administrative bureaucracy of the country, and there were three historical factors that dominated the evolution: first, it was between the Spring and Autumn and warring States, because of the emergence of the causes of disputes. Since the end of the Spring and Autumn period, countries have promulgated statutory laws one after another, which to a large extent have undermined the ruling method of "deliberative system" in the stage of ritual rule, which has made the ritual collapse and music damage further developed. Second, Facing the reality of the great revolution and turmoil in the Spring and Autumn period and warring States period, the legalists who put forward the countermeasures to strengthen the armed forces of the rich nation and put forward the law with punishment and reward as the powerful weapon of the autocratic monarchy in the face of the reality of the Spring and Autumn period and warring States period. The reform movement under the guidance of the Legalists during the warring States period gave birth to a new bureaucratic system, which provided conditions for the practice of the legalist thought of the rule of law.
【学位授予单位】：华东师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K224;D929
【参考文献】
相关期刊论文 前1条
1 宁全红;;春秋时期的狱讼初探[J];重庆师范大学学报(哲学社会科学版);2006年06期
，本文编号：2292778
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