發(fā)布時間：2018-03-22 00:23

  本文選題：西周春秋　切入點：獄訟　出處：《清華大學學報(哲學社會科學版)》2017年02期 　論文類型：期刊論文

【摘要】：西周春秋獄訟中的“要”,又稱“要辭”,指記錄獄辭的獄訟文書。西周春秋獄訟有“合要”制度,指將“要契”剖為兩半,命獄訟雙方各書獄辭于其上,再將兩半考合,以對驗獄辭�！墩撜Z·顏淵》“片言折獄”的“片言”即指半片“要契”所書獄訟一方之單辭。西周春秋獄訟有“代坐”制度。從西周金文看,代坐分為屬吏代坐和子弟代坐兩種。貴族雖不親自坐獄,但是是否命他人代坐,則根據(jù)獄訟情況而定。傳世文獻記載西周春秋的獄訟由“司寇”“士”等專門職官負責,但是從西周金文看,西周獄訟并無專官管理,審斷獄訟由爭訟雙方共同認可的具有權(quán)威之人進行,這些人并不固定,往往是爭訟雙方的上級或周天子、太子、執(zhí)政大臣等地位較高之人。
[Abstract]:The "want" of the Western Zhou Dynasty in the Spring and Autumn period, also known as the "want to resign", refers to the prison lawsuit document that records the resignation of the prison. The Western Zhou Dynasty has a system of "consonance" in the prison case, which means that the "want deed" is divided into two halves, ordering each of the prison and litigant parties to resign on it, and then to take the two halves to complete the examination. The "film words" in "the book of the Analects of Analects of Confucius" refers to the single resignation of one of the parties to the prison. There is a system of "sitting on behalf" in the prison proceedings of the Western Zhou Dynasty and the Spring and Autumn dynasties. From the perspective of the Jin Dynasty of the Western Zhou Dynasty, there is a system of "sitting on behalf" in the prison proceedings of the Western Zhou Dynasty. The generation seat is divided into two types: the official sitting on the behalf of the official and the son sitting on the other side. Although the aristocrats do not sit in prison in person, it is decided according to the circumstances of the prison lawsuit whether the nobility does not appoint another person to sit in the prison. However, judging from the Jin Wen of the Western Zhou Dynasty, the Western Zhou prison litigation was not managed by a special official, and the trial and adjudication of the prison proceedings was conducted by people with authority jointly recognized by both sides of the dispute. These people were not fixed. They were often the superiors of the two parties to the dispute or the son of Zhou Tianzi, the prince. A higher ranking person, such as a ruling minister.
【作者單位】： 山東大學歷史文化學院;
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本文編號：1646239