明朝刑部审判权研究

发布时间：2018-08-11 14:17

【摘要】： 大明王朝在中国历史上是一个十分重要的王朝,在明朝君主集权的政治体制高度发展和成熟,地方之权集于中央,中央之权集于皇帝。在这种历史背景下,明朝刑部的审判权也极具历史特色。虽然明朝开国之初主要制度承继元朝,但是其不久就在实践中自创了一套新的刑部制度。在这种新的制度下,不但明朝刑部的建制大异于唐宋,而且其职掌也发生了巨大变化,刑部由唐朝的中央司法行政机关变成了明朝的中央司法审判机关。刑部的审判权在明朝中央司法审判权中占有独特的地位,可以说是明朝中央审判权的核心之一。本文的第一章为明朝刑部及其审判权的介绍部分,主要讲述了明朝刑部的沿革与建制,明朝三法司的概况以及刑部审判权在其中的地位。本文的第二章为刑部审判权直接行使方式的研究,具体而言分为京师案件的审判,直隶和各省案件的复核以及参加三司会审三部分,这皆可以看作是刑部在京师直接行使审判权的方式。本文的第三章为明朝刑部广义审判权行使方式的论述,具体分为明朝审录制度概述,以及明朝京师的审录与地方的审录两大部分。本文的第四章为明朝刑部审判权制约因素的分析,分为制度下的内阁、大理寺与皇权专制下的内廷宦官、厂卫两部分。
[Abstract]:The Daming Dynasty is a very important dynasty in Chinese history. In the Ming Dynasty, the political system of centralization of monarch is highly developed and mature. The local power is concentrated in the central government, and the central power is concentrated in the emperor. Under this kind of historical background, the judicial power of the Ming Dynasty criminal department also has the historical characteristic extremely. Although the main system of the Ming Dynasty was inherited from the Yuan Dynasty, it soon created a new system of the Ministry of punishment in practice. Under this new system, not only the system of the criminal department of the Ming Dynasty is greatly different from that of the Tang and Song dynasties, but also its duties have changed greatly. The department of torture has changed from the central judicial administrative organ of the Tang Dynasty to the central judicial and judicial organ of the Ming Dynasty. The judicial power of the criminal department occupies a unique position in the central judicial jurisdiction of the Ming Dynasty, which can be said to be one of the core of the central jurisdiction in the Ming Dynasty. The first chapter is the introduction of the criminal department of the Ming Dynasty and its jurisdiction. It mainly describes the evolution and establishment of the criminal department of the Ming Dynasty, the general situation of the three legal departments of the Ming Dynasty and the position of the judicial power of the criminal department among them. The second chapter of this paper is the research on the direct exercise of judicial power of the Ministry of torture. Specifically, it is divided into three parts: the trial of the Capital teacher case, the review of the cases in Zhili and the provinces, and the participation of the three departments in the trial. This can all be regarded as the way that the Ministry of torture directly exercises judicial power in the capital. The third chapter is the discussion of the exercise of the broad jurisdiction of the criminal department of the Ming Dynasty, which is divided into two parts: the summary of the system of trial and recording in the Ming Dynasty, and the trial record of the capital teacher and the local trial record of the Ming Dynasty. The fourth chapter is the analysis of the restrictive factors of the judicial power of the criminal department of the Ming Dynasty, which is divided into two parts: the cabinet under the system, the Dali Temple and the imperial eunuchs under the autocracy of the imperial power.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929;D925.2

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