宋代提点刑狱司制度研究
发布时间：2018-07-26 14:29
【摘要】：提点刑狱司又称提刑司、宪司、宪台,它是宋朝首创的、专门化的掌管各路司法、监察事务的机构,提刑司因其司法职权与吏民生命、财产息息相关,故宋人有“惟提点刑狱司则视诸司为独重”之论,其职能的特殊性和重要性可见一斑。 唐、五代设立的采访使、观察使、巡院等地方使职机构对宋代提刑司制度的创立有着重要的历史影响,同时,宋朝统治者对清理地方刑狱的重视和分化权力、防范地方割据以及加强中央对地方的监督和联系等也成为提刑司首创于宋朝的重要时代影响因素。 宋代提点刑狱司制度经历了曲折的发展历程,从太宗朝短暂的设立,到真宗朝的定型,再到仁宗朝以后的成熟完善,充分显示了提刑司制度适时应变的特点。神宗朝熙丰变法使得提刑司的职能大量增加,而在北宋后期乃至南宋,提刑司财政、治安方面职权的日益增多,也与两宋王朝的统治需求和国运兴衰保持一致。 宋代提刑司官员为一路监司官,职责重要但品位不高,中央对其选任、考课、监察制度极为严格,督促提刑官们尽忠职守。提刑司属官主要有检法官、干办官等文臣官员和准备差使、指使等武臣官员,两宋时期其属官也逐渐增多。 宋代提刑司以司法为最主要职能,其对刑事、民事案件均有审理权但以刑事案件为主,元丰改制后,提刑司获得了对本路死刑案件复核裁定权,执掌生杀大权,成为一路最重要的司法机构,同时对州县司法活动的监督和差官复审,一定程度上防范了营私舞弊、贪赃枉法等问题。两宋时期涌现出了宋慈、郑兴裔这样优秀的提刑官员,出现了《洗冤集录》、《检验格目》这样对中国封建社会后期司法检验制度影响深远的著作。由于实际统治需要,两宋加在提刑司身上的财政、治安等权力也越来越多,使得提刑司的职权呈现“一专多能”的特点。 提刑司由于处在路这一中央和州县连接点的特殊位置,本身又掌管着司法、监察等与国家、官员息息相关的权力,故而与各级政府、官员的关系非常密切。提刑司与路级机构互不统属,彼此之间主要是互察、互考、分工合作的关系。由于宋朝竭力防范地方割据,以朝廷重臣出典大州,他们品位尊崇,与提刑这些六、七品却管辖一路的官员之间容易发生纷争,宋朝人为制造的品位与权力的错位,使得提刑等路级官员与州府长官间的关系进一步复杂化。
[Abstract]:It was created by the Song Dynasty and specialized in charge of all kinds of judicial and supervisory organs. Due to its judicial functions and powers, it is closely related to the lives and property of the officials and the people. Therefore, the Song people have the theory that "the department of prison only points out that the department is the only one", and the particularity and importance of its function can be seen. The interviews set up by Tang and the five dynasties made, observed, inspected, and other local agencies had an important historical impact on the establishment of the system of raising punishment in the Song Dynasty. At the same time, the rulers of the Song Dynasty attached importance to and differentiated the power to clean up the local prisons. The prevention of local separation and the strengthening of supervision and connection between the central government and the local government also became the important influence factors of the Song Dynasty. From the establishment of Taizong Dynasty to the establishment of the True Zong Dynasty, to the maturity and perfection of the Ren Zong Dynasty, it fully shows the characteristics of timely response of the system. In the late Northern Song Dynasty and even in the Southern Song Dynasty, the increasing powers and powers of the Department of Criminal Affairs in finance and public security also kept in line with the ruling needs of the two Song dynasties and the rise and fall of national luck. In the Song Dynasty, the officials of the Department of Criminal Affairs of the Song Dynasty were the officials in charge of the first supervision department, whose duties were important but not of high taste. The central authorities were extremely strict about their selection, examination and supervision system, urging them to perform their duties faithfully. The subordinate officials of the Department of Criminal Justice were mainly procuratorial judges, clerical officials and military officials, such as military officials, and so on, during the Song Dynasty, and their subordinate officials also gradually increased in the Song Dynasty. In the Song Dynasty, the chief function of the department was judicial, which had the power to try criminal and civil cases, but mainly to criminal cases. After Yuanfeng was reformed, the division obtained the right to review and adjudicate the death penalty cases on this road, and took over the power to kill and kill the students. To become the most important judicial organization, at the same time, the supervision of the state and county judicial activities and the review of the bad officials, to a certain extent, to prevent corruption, corruption and perverting the law, and so on. During the Song Dynasty, Song ci and Zheng Xingzu, such excellent officials of raising punishment, appeared the works of "Collection of the Wash of grievances" and "Inspection items", which had a profound influence on the judicial inspection system in the later period of Chinese feudal society. As a result of the actual rule, the two Song Dynasty has more and more powers such as finance, public security and so on. Due to the special position of the central government and the state and county connecting point, the department itself is in charge of the power closely related to the state and officials, so it has very close relations with all levels of government. The Secretary for punishment and road-level organizations are not subordinate to each other, mainly mutual inspection, examination, division of labor relations. As the Song Dynasty did its best to guard against local separatism and took the imperial officials out of the Diandazhou, they respected their taste, and were prone to disputes with the officials who had six or seven articles but had jurisdiction over the six or seven articles, which were created by the Song Dynasty and were misplaced in terms of taste and power. This complicates the relationship between officials at the road level, such as punishment, and state governors.
【学位授予单位】：河北大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：K244
本文编号：2146314
[Abstract]:It was created by the Song Dynasty and specialized in charge of all kinds of judicial and supervisory organs. Due to its judicial functions and powers, it is closely related to the lives and property of the officials and the people. Therefore, the Song people have the theory that "the department of prison only points out that the department is the only one", and the particularity and importance of its function can be seen. The interviews set up by Tang and the five dynasties made, observed, inspected, and other local agencies had an important historical impact on the establishment of the system of raising punishment in the Song Dynasty. At the same time, the rulers of the Song Dynasty attached importance to and differentiated the power to clean up the local prisons. The prevention of local separation and the strengthening of supervision and connection between the central government and the local government also became the important influence factors of the Song Dynasty. From the establishment of Taizong Dynasty to the establishment of the True Zong Dynasty, to the maturity and perfection of the Ren Zong Dynasty, it fully shows the characteristics of timely response of the system. In the late Northern Song Dynasty and even in the Southern Song Dynasty, the increasing powers and powers of the Department of Criminal Affairs in finance and public security also kept in line with the ruling needs of the two Song dynasties and the rise and fall of national luck. In the Song Dynasty, the officials of the Department of Criminal Affairs of the Song Dynasty were the officials in charge of the first supervision department, whose duties were important but not of high taste. The central authorities were extremely strict about their selection, examination and supervision system, urging them to perform their duties faithfully. The subordinate officials of the Department of Criminal Justice were mainly procuratorial judges, clerical officials and military officials, such as military officials, and so on, during the Song Dynasty, and their subordinate officials also gradually increased in the Song Dynasty. In the Song Dynasty, the chief function of the department was judicial, which had the power to try criminal and civil cases, but mainly to criminal cases. After Yuanfeng was reformed, the division obtained the right to review and adjudicate the death penalty cases on this road, and took over the power to kill and kill the students. To become the most important judicial organization, at the same time, the supervision of the state and county judicial activities and the review of the bad officials, to a certain extent, to prevent corruption, corruption and perverting the law, and so on. During the Song Dynasty, Song ci and Zheng Xingzu, such excellent officials of raising punishment, appeared the works of "Collection of the Wash of grievances" and "Inspection items", which had a profound influence on the judicial inspection system in the later period of Chinese feudal society. As a result of the actual rule, the two Song Dynasty has more and more powers such as finance, public security and so on. Due to the special position of the central government and the state and county connecting point, the department itself is in charge of the power closely related to the state and officials, so it has very close relations with all levels of government. The Secretary for punishment and road-level organizations are not subordinate to each other, mainly mutual inspection, examination, division of labor relations. As the Song Dynasty did its best to guard against local separatism and took the imperial officials out of the Diandazhou, they respected their taste, and were prone to disputes with the officials who had six or seven articles but had jurisdiction over the six or seven articles, which were created by the Song Dynasty and were misplaced in terms of taste and power. This complicates the relationship between officials at the road level, such as punishment, and state governors.
【学位授予单位】：河北大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：K244
【引证文献】
相关期刊论文 前1条
1 邓小南;;中国古代政治史研究管窥——以中日韩学界对于宋代政治史的研究为例[J];北京大学学报(哲学社会科学版);2008年03期
相关博士学位论文 前6条
1 陈玉忠;宋代刑事审判权制约机制研究[D];河北大学;2009年
2 黄道诚;宋代侦查制度与技术研究[D];河北大学;2009年
3 郑迎光;宋代地方社会治安问题初探[D];河北大学;2007年
4 贾文龙;宋朝州级属官司法职能研究[D];河北大学;2007年
5 张利;宋代司法文化中的“人文精神”[D];河北大学;2008年
6 杨瑞军;北宋东京治安研究[D];首都师范大学;2012年
相关硕士学位论文 前6条
1 胡雯姬;晋身之阶[D];华中科技大学;2011年
2 蒋钦;宋代弓手探析[D];河南大学;2008年
3 王勇;晁公恆诗歌研究[D];东北师范大学;2008年
4 汪珍;论清代的按察司[D];中国政法大学;2009年
5 李金闯;韩维研究[D];河北大学;2009年
6 苏建坡;宋代州县司法腐败及其防治[D];河北大学;2008年
，本文编号：2146314
本文链接：https://www.wllwen.com/shekelunwen/zggdslw/2146314.html
