宋代提点刑狱司探析
发布时间：2018-08-18 21:01
【摘要】：提点刑狱司是宋代创设的路级最高司法、监察机构，和安抚司、转运司、提举常平司并列b叧闪怂未芬患兜牡胤焦芾砘埂Ｌ谧畛醮戳⑻岬阈逃綯 ，，只是转运司内一个具有司法监察职能的分支机构，随着历史的发展，其设置、职权逐渐完善和健全，其职责范围囊括了本路财政、民政、治安、军事等几乎所有的领域，其发展历程充分体现了宋朝统治者对其倚重程度的日益提氋。 在此之前的学术界大多是对提点刑狱司的司法、监察职能的研究，对其他方面职能的研究以及对其职能历史发展特点的研究相对较少。本文从论述提点刑狱司设立和组成入手，详细论述其在宋代整个行政机构体系中的地位，重点论述了提点刑狱司的职能的逐步扩大的历史发展过程；此外，纵观提点刑狱司整体的历史发展过程，逐渐形成提点刑狱司与他路监司、州军等互兼，职责交叉错综复杂的特点，这一特点对宋朝当代及后世的法制建设都有着深远影响。本文分为以下三个部分： 第一部分，阐述了宋代提点刑狱司是在分化转运使职权，解决其与皇权日益加深的矛盾的历史背景下的设立的，介绍了提点刑狱司机构的组成以及人员选任制度，通过详细分析宋代提点刑狱司与中央以及地方州县的关系.明晰了其在这个宋朝行政权体系中的地位。 第二部分.这一部分内容在详细论述宋代提点刑狱司的司法监察职能以及财政、农事、治安和军事管理职能的同T ，引用大量的史料阐明了司法检察职能在两宋时期一直是提点刑狱司的主要职能，以及其他职能的不断增加的历史原因和背景。 第三部分，本部分通过前两部分中对宋代提点刑狱司设立过程、组成地位的介绍，以及对提点刑狱司职能的详细论述，纵观宋代提点刑狱司的整个历史发展过程，综合分析了宋代提点刑狱司的特点和影响。
[Abstract]:Put up the prison department is the Song Dynasty created the highest level of justice, supervision, and appeasement department, transit department, lift Chang Ping Department and b shun counsels? Fern Dome, Jiao Fu? Leng? Do you know how to escape? It is only a branch of the Department of Transport with the function of judicial supervision. With the development of history, its establishment and functions and powers have been gradually improved and perfected. Its scope of responsibility covers almost all fields such as local finance, civil affairs, public order, military affairs, etc. Its development fully reflects the Song Dynasty rulers to rely on its increasing degree of support. Prior to this, most of the academic research is about the judicial and supervisory functions of the Department of Prison, the study of other aspects of the functions and the characteristics of the historical development of their functions are relatively few. This paper begins with the establishment and composition of the department of raising the sentence of imprisonment, discusses in detail its position in the whole administrative system of the Song Dynasty, and focuses on the historical development process of the gradual expansion of the function of the department of raising the sentence of the prison. Looking at the whole historical development process of the department of raising punishment and prison, it gradually formed the characteristics of the division of raising and punishing prison, the department of highway supervision, the state army, and so on, and the characteristics of the overlapping and complicated responsibilities, which had a profound influence on the legal system construction of the contemporary and later dynasties of the Song Dynasty. This article is divided into the following three parts: in the first part, the author expounds that the department of raising punishment and prison in the Song Dynasty was established under the historical background of dividing and transferring the power and resolving the increasingly deepening contradiction between it and the imperial power. This paper introduces the composition of the organization and the system of personnel selection and appointment, and analyzes in detail the relationship between the department and the central government, as well as the local states and counties. Clarified its position in this Song Dynasty administrative power system. Part II This part discusses in detail the functions of judicial supervision, finance and agricultural affairs of the Department of Prisons and Prisons in the Song Dynasty. The same function of public security and military administration, citing a great deal of historical data, illustrates that judicial procuratorial function has been the main function of the Department of Prison in the Song Dynasty, as well as the historical reasons and background of the increasing of other functions. The third part, through the first two parts of the Song Dynasty, the introduction of the establishment process, composition of the prison department, as well as a detailed discussion of the functions of the proposed prison department, throughout the Song Dynasty, the entire historical development process of the Department. Comprehensive analysis of the Song Dynasty put forward the characteristics and influence of the Department of Prison.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D926
本文编号：2190666
[Abstract]:Put up the prison department is the Song Dynasty created the highest level of justice, supervision, and appeasement department, transit department, lift Chang Ping Department and b shun counsels? Fern Dome, Jiao Fu? Leng? Do you know how to escape? It is only a branch of the Department of Transport with the function of judicial supervision. With the development of history, its establishment and functions and powers have been gradually improved and perfected. Its scope of responsibility covers almost all fields such as local finance, civil affairs, public order, military affairs, etc. Its development fully reflects the Song Dynasty rulers to rely on its increasing degree of support. Prior to this, most of the academic research is about the judicial and supervisory functions of the Department of Prison, the study of other aspects of the functions and the characteristics of the historical development of their functions are relatively few. This paper begins with the establishment and composition of the department of raising the sentence of imprisonment, discusses in detail its position in the whole administrative system of the Song Dynasty, and focuses on the historical development process of the gradual expansion of the function of the department of raising the sentence of the prison. Looking at the whole historical development process of the department of raising punishment and prison, it gradually formed the characteristics of the division of raising and punishing prison, the department of highway supervision, the state army, and so on, and the characteristics of the overlapping and complicated responsibilities, which had a profound influence on the legal system construction of the contemporary and later dynasties of the Song Dynasty. This article is divided into the following three parts: in the first part, the author expounds that the department of raising punishment and prison in the Song Dynasty was established under the historical background of dividing and transferring the power and resolving the increasingly deepening contradiction between it and the imperial power. This paper introduces the composition of the organization and the system of personnel selection and appointment, and analyzes in detail the relationship between the department and the central government, as well as the local states and counties. Clarified its position in this Song Dynasty administrative power system. Part II This part discusses in detail the functions of judicial supervision, finance and agricultural affairs of the Department of Prisons and Prisons in the Song Dynasty. The same function of public security and military administration, citing a great deal of historical data, illustrates that judicial procuratorial function has been the main function of the Department of Prison in the Song Dynasty, as well as the historical reasons and background of the increasing of other functions. The third part, through the first two parts of the Song Dynasty, the introduction of the establishment process, composition of the prison department, as well as a detailed discussion of the functions of the proposed prison department, throughout the Song Dynasty, the entire historical development process of the Department. Comprehensive analysis of the Song Dynasty put forward the characteristics and influence of the Department of Prison.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D926
【参考文献】
相关期刊论文 前6条
1 高春平;;论明代的提刑按察使司[J];晋阳学刊;1992年03期
2 刘若飞;宋代的监察制度与专制主义中央集权[J];南昌大学学报(社会科学版);1999年02期
3 王晓龙;贾秋莹;;宋代路级机构财政职能考论——基于提点刑狱司的研究[J];山西师大学报(社会科学版);2010年05期
4 常志刚;;宋朝路级机构的治安职能探论[J];求索;2006年12期
5 王晓龙;;论宋代提点刑狱司在地方“三农”事务中的作用[J];中国经济史研究;2010年01期
6 李晓;宋朝政府购买的拨款系统研究[J];郑州大学学报(哲学社会科学版);2005年04期
相关硕士学位论文 前1条
1 赵敏;宋代提点刑狱司制度研究[D];山东大学;2010年
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