宋代赦书研究

发布时间：2018-07-03 04:16

本文选题：宋代 + 赦宥　；参考：《河南大学》2011年博士论文

【摘要】：宋代赦宥制度在赦宥类型、数量和缘由等方面较前代均有所发展与创新,达到了中国古代赦宥制度发展的顶峰。宋代赦宥类型较为清晰明确,包含大赦、曲赦与德音,其赦宥次数又远超前后代。宋代的明堂、郊祀等大礼赦确立了固定的时间及频率,这些对赦宥制度都产生了较大影响。宋代赦书属于七种“命令之体”中制书的一种,依附于赦宥制度的实施,它的内容有着独特而鲜明的时代特点。从唐朝中后期开始,赦书在赦罪和推恩内容之外,又发展出“立法制、行禁令”的内容。宋初,这种变化未被继承,赦书内容又回归于传统的赦罪与推恩。随着社会形势的发展,从北宋中后期开始,赦书中逐渐出现一些民事方面的禁止性规定,尽管所占比重尚小,但已明显区别于北宋前期的赦书内容。北宋末年,社会矛盾逐渐激化,地方财政困难突出,基层州县财政征收的违法现象严重化,赦书中开始出现一些约束州县财政征收的条文。南宋以后,因地方财政负担加重,基层财政征收体系进一步被破坏。在这种情况下,因赦书的颁布对象直接面对州县及百姓,它就越来越多的承担着调节社会矛盾的作用。统治者试图通过赦书改善州县财政征收的无序状态,赦书中关于申饬约束方面的内容增多,很多条文反复出现,并逐渐固定化。宋代赦书随着内容的增多,其蕴含的信息量是其他任何官方文书所无可比拟的,这对赦书的制定者来说是一个很高的要求。可以说,宋代赦书的制定是集体智慧的结晶。大量基层信息逐级上传,最终形成独立条目,然后被汇集成完整的赦书,所以,赦书呈现出来的特征就是条目繁多而又彼此独立。赦书的制定由官僚体系中各个环节的人共同参与,包括各级地方官员、宰相、翰林学士等,而最终的决策权掌握在皇帝手中。赦书信息采集于基层,制定好的赦书条文最终又回馈于基层,以期对基层社会存在的矛盾进行治理,这个回馈其实也是赦书从中央向民众传播的过程。赦书的传递要求较强的时效性,如何在最短的时间内把赦书传递到社会的各个角落,是对赦书传递流程的考验。赦书向基层的传递牵涉到很多问题,包括传递的速度、传递的过程、传递的方式等。赦书传递到基层以后,对其具体执行效果的探讨是无法避免的。赦书中有不同类型的内容,如减免罪刑、推恩、约束条文等,各种内容因其社会关联性的大小,执行效果也有所区别。以赦书中关联性较大的蠲免欠负内容为例,赦书中该部分内容的实际执行者是基层州县官员,他们的态度与动机直接影响政策的执行。赦书一再要求州县官员依法蠲免,但宋代财政征收存在的不可解决的“阶层性集权”方式,造成州县财政匮乏。州县运转依赖于这些民间财赋,所以,赦书的执行影响到州县的经济利益。另外,州县对此项政策的执行也牵涉到上至监司,下至州县胥吏的利益,各级官府的逐利性造成了执行效果的不理想。宋代赦宥的推行备受争议,很多官员批判宋代的滥赦、频赦破坏了法律的公正性。事实上,宋代统治者也在尽力避免这种不公平,制定了法令限制赦宥的范围,规定了一些不因大赦原减的严重罪行。这一方面是因为这些不赦的罪行罪恶极大,触犯了宋代统治秩序,另一方面也是统治者自觉的维护法律的效力。赦宥制度固然有其弊端,但它在宋代某些特殊时期也发挥了重要的作用。
[Abstract]:The pardon system in the Song Dynasty has developed and innovating in terms of pardon types, quantity and reason, which reached the peak of the development of the ancient pardon system in China. The types of pardon in the Song Dynasty were clear and clear, including amnesty, amnesty and German, and the number of pardon was far ahead of the future generations. The pardon of the Song Dynasty, the Ming Tang and the suburban sacrifices, established a fixed time And frequency, which have great influence on the system of pardon.
The book of pardon in the Song Dynasty belongs to one of the seven "orders of the body", attached to the implementation of the pardon system, and its content has a unique and distinct characteristics of the times. From the late Tang Dynasty, the amnesty began to Amnesty the crime and the content of the push and developed the content of "legislative and prohibition". In the early Song Dynasty, this change was not inherited, and the content of pardon books was again With the development of the traditional social situation, with the development of the social situation, from the late Northern Song Dynasty to the late Song Dynasty, there are some civil prohibitions. Although the proportion of the pardon is still small, it is obviously different from the content of the pardon in the early Northern Song Dynasty. The social contradictions gradually intensified in the late Northern Song Dynasty, the local financial difficulties were outstanding and the grass-roots state and county wealth. The illegal phenomenon of political expropriation is serious, and there are some provisions restricting the collection of state and county finance in the amnesty book. After the Southern Song Dynasty, the local financial burden is aggravated and the system of the primary financial collection has been further destroyed. In this case, more and more social contradictions are taken to regulate the social contradictions because the object of the amnesty book is directly faced with the state county and the Hundred Surnames. The rulers tried to Amnesty the disordered state of the state's financial expropriation through the amnesty, and the contents of the amnesty books on the restraining and restraining contents increased, and many articles appeared repeatedly and gradually fixed.
As the content increased, the amount of information contained in the Song Dynasty was incomparable to any other official document. It was a high requirement for the enactment of the amnesty. It can be said that the formulation of the amnesty of the Song Dynasty is the crystallization of collective wisdom. So the book, so the pardon is characterized by a wide range of entries and independence. The amnesty is made by the people of the bureaucratic system, including local officials at all levels, the prime minister, the bachelors, and so on, and the final decision-making power is in the hands of the emperor. The pardon information is collected at the grass-roots level, and the provisions of the amnesty are finally given back and back to the end. At the grass-roots level, in order to govern the contradictions in the grass-roots society, this feedback is also the process of spreading the book of pardon from the center to the public. The transfer of pardon books requires a strong timeliness, and how to transfer the pardon to every corner of the society in the shortest possible time. It is a test of the process of pardon the book of pardon. Many problems include the speed of transmission, the process of transmission, the way of transmission.
After the pardon is passed to the grass-roots level, the discussion of its specific implementation effect is unavoidable. There are different types of content in the pardon books, such as the reduction of crime, punishment, and restraint, and the effect is also different because of its social relevance. The actual executor of the content is the official of the grass-roots Prefecture and county, their attitude and motivation directly affect the implementation of the policy. The amnesty book has repeatedly asked the state and county officials to be exemted from the law, but the financial expropriation of the Song Dynasty is an impractical "hierarchical centralization" way to cause the state county financial shortage. In addition, the implementation of this policy is also involved in the supervision of the prefectures and prefectures, to the interests of the prefectures and counties, and the performance of the government at all levels is not ideal.
Many officials criticized the absolution of the Song Dynasty, and many officials criticized the absolution of the Song Dynasty. The amnesty of the Song Dynasty destroyed the justice of the law. In fact, the rulers of the Song Dynasty also tried to avoid this injustice, set up decrees to limit the scope of pardon and set some serious crimes that were not reduced by the amnesty. This is because these unpardonable crimes are extremely evil. It violated the ruling order of the Song Dynasty, and on the other hand, the rulers consciously maintained the validity of the law. Although the pardon system had its drawbacks, it also played an important role in some special periods of the Song Dynasty.
【学位授予单位】：河南大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：K244

【引证文献】