南宋初期的冤狱与政治
发布时间：2018-09-10 11:47
【摘要】：宋高宗南渡,驻跸临安,忘靖康之耻、父兄之辱,不惜屈膝与金人缔结和约,收诸大将兵权,形成偏安东南的政治格局。为了达到这一政治目的,高宗政权曾不惜触动社会道德观念,制造诸多冤狱案件。无可否认,南宋初期的冤狱案件,直接关系到宋高宗政权的种种政治举措。本文正是以冤狱事件与政治目的为研究对象,以南宋初期的法治状况,建炎、绍兴年间的冤狱事件与政治诉求及绍兴末年的政治走向,作为考察的框架,从而勾勒出南宋初期政治运作的大致脉络,进而揭示诸如冤狱事件一般的非规则性政治行为的运作路径。 南宋初期冤狱事件的规模性与宋高宗的法制建设理念,直接透视出法律解释冤狱事件的悖论,同时也为我们开启了一条探讨政治行为的路径。建炎年间的冤狱个案,主要基于宋高宗南渡之后对围城罪人的处置,其间不同的审判结果及审讯过程,显然成为考察政权肇始之时政治取舍的最佳出路。而南宋初年道学的正统地位的确立,不仅彰显出政治文化的变迁,亦成为考察建炎至绍兴初宋高宗政权政治取舍的全新角度。绍兴和议缔结前后所发生的群体冤狱事件,实在关切着和议国是的促成及收兵权事宜的实施,与之同时,宋高宗针对道德秩序的话语导向及民事举措的推行,实则为执政者政治交换行为完善了条件。最后,绍兴冤狱的平反、反秦桧运动的开展,当是考察高宗朝后期政治意向的出口,而“绍兴更化”时代背景下的制度更革及政权构造,又是考察南宋初期政治走向及偏安东南政治格局形成的基础。 大致来说,建炎年间冤狱事件的出现,主要取决于宋高宗稳定南渡政局及重构正统皇权的政治目的,而绍兴年间冤狱事件的爆发,大多是为了宋高宗政权缔结宋金和议及巩固政治基础,两者的政治目的虽异,政治利益的交换路径却相仿。本文即是通过对南宋初期冤狱事件与政治运作关系的探究,初步揭示诸如冤狱事件所折射出的一般的非规则性政治行为在政治运作中的作用,以及这种符合政治常态的政治行为,对政治利益考量的客观意图。此外,为获取即时的政治利益,执政者恰逢时机地行用冤狱手段,来扫平政策推行中的障碍,净化一个期望中的政治环境。继而在实现预期政治利益之中或之后,又不失时机地建构王道理论,来重构道德话语秩序及颁布惠民政策,对社会失衡状况下的民众进行象征性的道德抚慰或利益补偿。这一看似简单实则复杂的政治行为路径告诉我们,在政权主导者的视域中,非规则性政治行为并没有违背政治行为的准则,非对等政治交换也不是一个即时的政治举措,政治语境下的道德关怀,实为谋求政治利益的谋略,绝不是“以人为本”的虚幻面纱。
[Abstract]:Song Gaozong Nandu, stationed in Lin'an, forget the shame of Jing Kang, father and brother of the humiliation, at the knees with the Jin people to conclude a peace treaty, the power of the general, forming a political pattern in the southeast. In order to achieve this political goal, Gao Zong regime did not hesitate to touch social morality and create many unjust prison cases. Undeniably, the case of unjust imprisonment in the early Southern Song Dynasty is directly related to the political measures of the Song Gaozong regime. This article takes the unjust prison event and the political purpose as the research object, taking the rule of law in the early period of the Southern Song Dynasty, the establishment of inflammation, the unjust prison event and the political appeal of the Shaoxing period and the political trend of the last year of Shaoxing as the framework of the investigation. In order to outline the general context of political operation in the early Southern Song Dynasty, and then reveal the operation path of irregular political behavior such as unjust imprisonment. The scale of the unjust prison incident in the early Southern Song Dynasty and the concept of the legal system construction of the Song Gaozong had a direct perspective on the paradox of the legal interpretation of the unjust prison incident, and at the same time opened a way for us to explore the political behavior. The case of unjust imprisonment during the Jianyan period was mainly based on the treatment of the sinners besieged by Song Gaozong after Nandu. The different trial results and the trial process were obviously the best way to choose and choose when the regime began to be examined. The establishment of the orthodox position of Taoism in the early years of the Southern Song Dynasty not only showed the change of political culture, but also became a new angle to investigate the political choice between the Jian-Yan and the early Song Gaozong regime in Shaoxing. The group unjust prison incident that occurred before and after the conclusion of the Shaoxing Peace Conference was really concerned about the promotion of the Hexing State and the implementation of the right to receive troops. At the same time, Song Gaozong's discourse direction on moral order and the implementation of civil measures were also concerned. In fact, the political exchange for the rulers to improve the conditions. Finally, the vindication of the unjust prison in Shaoxing, and the development of the anti-Qin Hui movement, should be an examination of the export of political intentions in the late period of the Kaozong Dynasty, and the system and political structure under the background of the era of "Shaoxing becoming more refined". It is also the basis of investigating the political trend in the early Southern Song Dynasty and the formation of the political pattern in the southeast of Anan. Generally speaking, the occurrence of the unjust prison incident during the Jianyan period mainly depended on the political purpose of stabilizing the political situation in the southern region of Gaozong and reconstructing the orthodox imperial power, and the outbreak of the unjust prison incident in Shaoxing. Most of them are for the conclusion of the Song and Jin dynasties and the consolidation of the political foundation. Although the political purposes of the two are different, the exchange path of political interests is similar. This paper explores the relationship between the miscarriage of justice and the political operation in the early Southern Song Dynasty, and reveals the role of the general irregular political behavior in the political operation, as reflected by the miscarriage of justice. And this political behavior in line with the political normal, the objective intention of political interest consideration. In addition, in order to obtain immediate political benefits, the rulers use unjust imprisonment at the right time to clear up the obstacles in the implementation of the policy and to purify a desired political environment. Then in or after the realization of the expected political interests, and lost no time to construct the theory of king's way, to reconstruct the moral discourse order and promulgate the policy of benefiting the people, and carry on symbolic moral comfort or benefit compensation to the people under the condition of social imbalance. This seemingly simple and complex path of political behavior tells us that in the perspective of regime leaders, non-regular political behavior does not violate the norms of political conduct, and non-reciprocal political exchange is not an immediate political move. The moral concern in the political context is in fact a strategy for seeking political interests, and is by no means an illusory veil of "people-oriented".
【学位授予单位】：上海师范大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：K245
本文编号：2234349
[Abstract]:Song Gaozong Nandu, stationed in Lin'an, forget the shame of Jing Kang, father and brother of the humiliation, at the knees with the Jin people to conclude a peace treaty, the power of the general, forming a political pattern in the southeast. In order to achieve this political goal, Gao Zong regime did not hesitate to touch social morality and create many unjust prison cases. Undeniably, the case of unjust imprisonment in the early Southern Song Dynasty is directly related to the political measures of the Song Gaozong regime. This article takes the unjust prison event and the political purpose as the research object, taking the rule of law in the early period of the Southern Song Dynasty, the establishment of inflammation, the unjust prison event and the political appeal of the Shaoxing period and the political trend of the last year of Shaoxing as the framework of the investigation. In order to outline the general context of political operation in the early Southern Song Dynasty, and then reveal the operation path of irregular political behavior such as unjust imprisonment. The scale of the unjust prison incident in the early Southern Song Dynasty and the concept of the legal system construction of the Song Gaozong had a direct perspective on the paradox of the legal interpretation of the unjust prison incident, and at the same time opened a way for us to explore the political behavior. The case of unjust imprisonment during the Jianyan period was mainly based on the treatment of the sinners besieged by Song Gaozong after Nandu. The different trial results and the trial process were obviously the best way to choose and choose when the regime began to be examined. The establishment of the orthodox position of Taoism in the early years of the Southern Song Dynasty not only showed the change of political culture, but also became a new angle to investigate the political choice between the Jian-Yan and the early Song Gaozong regime in Shaoxing. The group unjust prison incident that occurred before and after the conclusion of the Shaoxing Peace Conference was really concerned about the promotion of the Hexing State and the implementation of the right to receive troops. At the same time, Song Gaozong's discourse direction on moral order and the implementation of civil measures were also concerned. In fact, the political exchange for the rulers to improve the conditions. Finally, the vindication of the unjust prison in Shaoxing, and the development of the anti-Qin Hui movement, should be an examination of the export of political intentions in the late period of the Kaozong Dynasty, and the system and political structure under the background of the era of "Shaoxing becoming more refined". It is also the basis of investigating the political trend in the early Southern Song Dynasty and the formation of the political pattern in the southeast of Anan. Generally speaking, the occurrence of the unjust prison incident during the Jianyan period mainly depended on the political purpose of stabilizing the political situation in the southern region of Gaozong and reconstructing the orthodox imperial power, and the outbreak of the unjust prison incident in Shaoxing. Most of them are for the conclusion of the Song and Jin dynasties and the consolidation of the political foundation. Although the political purposes of the two are different, the exchange path of political interests is similar. This paper explores the relationship between the miscarriage of justice and the political operation in the early Southern Song Dynasty, and reveals the role of the general irregular political behavior in the political operation, as reflected by the miscarriage of justice. And this political behavior in line with the political normal, the objective intention of political interest consideration. In addition, in order to obtain immediate political benefits, the rulers use unjust imprisonment at the right time to clear up the obstacles in the implementation of the policy and to purify a desired political environment. Then in or after the realization of the expected political interests, and lost no time to construct the theory of king's way, to reconstruct the moral discourse order and promulgate the policy of benefiting the people, and carry on symbolic moral comfort or benefit compensation to the people under the condition of social imbalance. This seemingly simple and complex path of political behavior tells us that in the perspective of regime leaders, non-regular political behavior does not violate the norms of political conduct, and non-reciprocal political exchange is not an immediate political move. The moral concern in the political context is in fact a strategy for seeking political interests, and is by no means an illusory veil of "people-oriented".
【学位授予单位】：上海师范大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：K245
【引证文献】
相关期刊论文 前1条
1 董春林;;撰与刻的政治构想——南宋夔门《皇宋中兴圣德颂》的文化涵义[J];重庆三峡学院学报;2012年04期
相关硕士学位论文 前1条
1 孙超;两宋之际的政治理念初探[D];河北师范大学;2012年
，本文编号：2234349
本文链接：https://www.wllwen.com/shekelunwen/zggdslw/2234349.html
