唐代大理寺审判职能研究
发布时间：2018-11-05 21:04
【摘要】： 审判权、监决权、参与立法权是唐代大理寺所拥有的职权,作为“守法之司”、“推鞫刑狱”的大理寺,审判职能无疑是其核心职能。大理寺官员作为“法官”之一对其受理的下至地方上报案件,上到皇帝交办的案件,要遵循审限的要求,依据律令格式,以“推鞫得情,处断平允”为最高标准,对案件进行审理。然而大理寺毕竟不是独立的审判机构,在其职能具体运作过程中受到各种制度及非制度因素的影响,在封建的皇权控制下,职官体系包围中,各种权力的交织下,大理寺作为全国最高审判机构却不享有最高审判权。但在大理寺的审判职能的实际运作中,却也体现着中国古代法制细节之处的优长。
[Abstract]:The judicial power, the executive power and the legislative power are the functions and powers of the Dali Temple in the Tang Dynasty. As a "law-abiding department" and "a criminal prison", the trial function of the Dali Temple is undoubtedly its core function. As one of the "judges," officials of the Dali Temple report cases to the lower and local authorities they accept, and to the cases assigned by the emperor, they should follow the requirements of trial and order, and according to the form of laws and decrees, the highest standard should be "to push the situation, to deal with the situation, and to deal with the denial of justice" as the highest standard. Try the case. However, Dali Temple is not an independent judicial institution after all. It is influenced by various institutional and non-institutional factors in the specific operation of its functions. Under the control of feudal imperial power and surrounded by the official system, various powers are intertwined. Dali Temple, as the highest judicial institution in the country, does not enjoy the highest judicial power. However, in the actual operation of Dali Temple's judicial function, it also reflects the advantages and disadvantages of the legal details of ancient China.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929
本文编号：2313454
[Abstract]:The judicial power, the executive power and the legislative power are the functions and powers of the Dali Temple in the Tang Dynasty. As a "law-abiding department" and "a criminal prison", the trial function of the Dali Temple is undoubtedly its core function. As one of the "judges," officials of the Dali Temple report cases to the lower and local authorities they accept, and to the cases assigned by the emperor, they should follow the requirements of trial and order, and according to the form of laws and decrees, the highest standard should be "to push the situation, to deal with the situation, and to deal with the denial of justice" as the highest standard. Try the case. However, Dali Temple is not an independent judicial institution after all. It is influenced by various institutional and non-institutional factors in the specific operation of its functions. Under the control of feudal imperial power and surrounded by the official system, various powers are intertwined. Dali Temple, as the highest judicial institution in the country, does not enjoy the highest judicial power. However, in the actual operation of Dali Temple's judicial function, it also reflects the advantages and disadvantages of the legal details of ancient China.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929
【引证文献】
相关硕士学位论文 前1条
1 刘磊;唐代大理寺司法审判制度研究[D];南京师范大学;2012年
，本文编号：2313454
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