兩周獄訟制度的特征及其演變研究
發(fā)布時間：2018-10-24 22:40
【摘要】：獄訟制度的研究是中國古代史,尤其是中國古代法制史研究中的重要課題之一。然而,由于先秦史料亦比較零散,故對先秦的獄訟制度進行微觀剖析的研究較多,而將之視為一個整體來研究的較少。鑒于此,本文擬從將兩周作為一個時段來考察在此期間獄訟制度所呈現(xiàn)出的歷史形態(tài)及其演變以及促使演變的因素,并將兩周分作西周、春秋、戰(zhàn)國三個歷史階段來考察獄訟制度在兩周時期的演變歷程。 兩周是獄訟制度逐漸發(fā)展成形時期,獄訟制度在這一時段的發(fā)展,有三個方面的特色,而這三個特色基本上奠定了后世獄訟制度的基調：第一,獄訟制度在從商以前的初民社會的神判法脫胎后,與禮有著密不可分的關系。第二、在經春秋中晚期至戰(zhàn)國時期的方方面面深入的大變革,尤其是思想界中法家思想的留傳和被普遍采納,以及國家官僚體制的形成,法取代禮成了獄訟制度的特征,但是這時的法更側重賞和刑。第三,從文獻中的記載來看,遠古社會即已有不好爭訟的風氣,西周和春秋時期亦盡可能以禮消融糾紛,春秋戰(zhàn)國時期無論儒家和法家,雖然在獄訟治理上所提倡的方法不同,但是二者對于獄訟的終極目標都是實現(xiàn)“無訟”,“無訟”的追求在先秦時期形成后,在后世獄訟文化中亦成為一個永恒的追求。先秦獄訟制度中所體現(xiàn)的這三種特色,對后世獄訟制度發(fā)展的方向影響深遠,自漢以后歷朝歷代的獄訟制度皆在“禮”、“法”融合的基礎上朝著“無訟”的理想而發(fā)展。 此外,由于歷經春秋戰(zhàn)國大變動,獄訟制度在這一個長時段中的各個歷史分階段,隨著時代的變化而有著轉折似的演變,其中最明顯的是從禮向法的演變：至西周和春秋時期,獄訟則深受禮治和宗法制度的影響；至戰(zhàn)國,獄訟被納入國家的行政官僚體系下,而主導這一嬗變的歷史因素有三：第一,在于春秋戰(zhàn)國之間,由于紛爭誘因的出現(xiàn),春秋末期起,各國紛紛公布成文法,這在很大程度上則破壞了禮治階段“議事以制”的裁決方式,使得禮崩樂壞進一步發(fā)展；第二,直面春秋戰(zhàn)國大變革動亂的現(xiàn)實而針砭時弊地提出富國強兵對策的法家興起,提出了以刑、賞為主要內容的法,以作為君主專制的利器；第三,戰(zhàn)國時期在法家指導下的變法運動催生了新興的官僚體制,為法家的法治思想的實踐提供了條件。
[Abstract]:The study of prison litigation system is one of the important subjects in the study of ancient Chinese history, especially the history of ancient Chinese legal system. However, because of the scattered historical materials of the Pre-Qin Dynasty, there are more studies on the pre-Qin prison litigation system, but less on it as a whole. In view of this, this paper intends to take two weeks as a time period to examine the historical form and evolution of the prison litigation system during this period, and divide the two weeks into the Western Zhou Dynasty, Spring and Autumn period. Three historical stages of the warring States period to investigate the evolution of the prison litigation system in the two-week period. Two weeks is the period when the prison litigation system gradually develops and takes shape. The development of the prison litigation system in this period has three characteristics, and these three characteristics have basically laid the tone of the prison litigation system for later generations: first, The jail-litigation system was closely related to propriety after it was born out of the pre-commercial society. Second, during the period from the late Spring and Autumn period to the warring States period, great changes were made in every aspect, especially the legalist ideology in the ideological circle was widely adopted, and the formation of the state bureaucracy, so that the law replaced the ritual became the characteristic of the prison litigation system. But at this time the law is more focused on reward and punishment. Third, according to the records in the literature, the ancient society had already had a bad atmosphere of litigation, and the Western Zhou and the Spring and Autumn dynasties had also tried their best to melt disputes by ritual. During the Spring and Autumn and warring States periods, no matter the Confucian and Legalists, although the methods advocated in the administration of prison litigation were different, However, the ultimate goal of both of them is to realize "no lawsuit". The pursuit of "no lawsuit" became an eternal pursuit in the culture of prison litigation in later generations after the formation of the pre-Qin period. The three characteristics embodied in the system of prison litigation in the pre-Qin period have a profound influence on the development direction of the system of prison litigation in later generations. Since the Han Dynasty, the system of prison litigation has developed towards the ideal of "no litigation" on the basis of the fusion of "propriety" and "law". In addition, as a result of the great changes in the Spring and Autumn period and the warring States period, the system of prison litigation in this long period of time has evolved as a turning point with the changes of the times, the most obvious of which is the evolution from the ritual to the law: to the Western Zhou and the Spring and Autumn dynasties. During the warring States period, prison litigation was brought into the administrative bureaucracy of the country, and there were three historical factors that dominated the evolution: first, it was between the Spring and Autumn and warring States, because of the emergence of the causes of disputes. Since the end of the Spring and Autumn period, countries have promulgated statutory laws one after another, which to a large extent have undermined the ruling method of "deliberative system" in the stage of ritual rule, which has made the ritual collapse and music damage further developed. Second, Facing the reality of the great revolution and turmoil in the Spring and Autumn period and warring States period, the legalists who put forward the countermeasures to strengthen the armed forces of the rich nation and put forward the law with punishment and reward as the powerful weapon of the autocratic monarchy in the face of the reality of the Spring and Autumn period and warring States period. The reform movement under the guidance of the Legalists during the warring States period gave birth to a new bureaucratic system, which provided conditions for the practice of the legalist thought of the rule of law.
【學位授予單位】：華東師范大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：K224;D929
本文編號：2292778
[Abstract]:The study of prison litigation system is one of the important subjects in the study of ancient Chinese history, especially the history of ancient Chinese legal system. However, because of the scattered historical materials of the Pre-Qin Dynasty, there are more studies on the pre-Qin prison litigation system, but less on it as a whole. In view of this, this paper intends to take two weeks as a time period to examine the historical form and evolution of the prison litigation system during this period, and divide the two weeks into the Western Zhou Dynasty, Spring and Autumn period. Three historical stages of the warring States period to investigate the evolution of the prison litigation system in the two-week period. Two weeks is the period when the prison litigation system gradually develops and takes shape. The development of the prison litigation system in this period has three characteristics, and these three characteristics have basically laid the tone of the prison litigation system for later generations: first, The jail-litigation system was closely related to propriety after it was born out of the pre-commercial society. Second, during the period from the late Spring and Autumn period to the warring States period, great changes were made in every aspect, especially the legalist ideology in the ideological circle was widely adopted, and the formation of the state bureaucracy, so that the law replaced the ritual became the characteristic of the prison litigation system. But at this time the law is more focused on reward and punishment. Third, according to the records in the literature, the ancient society had already had a bad atmosphere of litigation, and the Western Zhou and the Spring and Autumn dynasties had also tried their best to melt disputes by ritual. During the Spring and Autumn and warring States periods, no matter the Confucian and Legalists, although the methods advocated in the administration of prison litigation were different, However, the ultimate goal of both of them is to realize "no lawsuit". The pursuit of "no lawsuit" became an eternal pursuit in the culture of prison litigation in later generations after the formation of the pre-Qin period. The three characteristics embodied in the system of prison litigation in the pre-Qin period have a profound influence on the development direction of the system of prison litigation in later generations. Since the Han Dynasty, the system of prison litigation has developed towards the ideal of "no litigation" on the basis of the fusion of "propriety" and "law". In addition, as a result of the great changes in the Spring and Autumn period and the warring States period, the system of prison litigation in this long period of time has evolved as a turning point with the changes of the times, the most obvious of which is the evolution from the ritual to the law: to the Western Zhou and the Spring and Autumn dynasties. During the warring States period, prison litigation was brought into the administrative bureaucracy of the country, and there were three historical factors that dominated the evolution: first, it was between the Spring and Autumn and warring States, because of the emergence of the causes of disputes. Since the end of the Spring and Autumn period, countries have promulgated statutory laws one after another, which to a large extent have undermined the ruling method of "deliberative system" in the stage of ritual rule, which has made the ritual collapse and music damage further developed. Second, Facing the reality of the great revolution and turmoil in the Spring and Autumn period and warring States period, the legalists who put forward the countermeasures to strengthen the armed forces of the rich nation and put forward the law with punishment and reward as the powerful weapon of the autocratic monarchy in the face of the reality of the Spring and Autumn period and warring States period. The reform movement under the guidance of the Legalists during the warring States period gave birth to a new bureaucratic system, which provided conditions for the practice of the legalist thought of the rule of law.
【學位授予單位】：華東師范大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：K224;D929
【參考文獻】
相關期刊論文 前1條
1 寧全紅;;春秋時期的獄訟初探[J];重慶師范大學學報(哲學社會科學版);2006年06期
，本文編號：2292778
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