宋代提點(diǎn)刑獄司制度研究
發(fā)布時(shí)間：2018-07-26 14:29
【摘要】：提點(diǎn)刑獄司又稱提刑司、憲司、憲臺,它是宋朝首創(chuàng)的、專門化的掌管各路司法、監(jiān)察事務(wù)的機(jī)構(gòu),提刑司因其司法職權(quán)與吏民生命、財(cái)產(chǎn)息息相關(guān),故宋人有“惟提點(diǎn)刑獄司則視諸司為獨(dú)重”之論,其職能的特殊性和重要性可見一斑。 唐、五代設(shè)立的采訪使、觀察使、巡院等地方使職機(jī)構(gòu)對宋代提刑司制度的創(chuàng)立有著重要的歷史影響,同時(shí),宋朝統(tǒng)治者對清理地方刑獄的重視和分化權(quán)力、防范地方割據(jù)以及加強(qiáng)中央對地方的監(jiān)督和聯(lián)系等也成為提刑司首創(chuàng)于宋朝的重要時(shí)代影響因素。 宋代提點(diǎn)刑獄司制度經(jīng)歷了曲折的發(fā)展歷程,從太宗朝短暫的設(shè)立,到真宗朝的定型,再到仁宗朝以后的成熟完善,充分顯示了提刑司制度適時(shí)應(yīng)變的特點(diǎn)。神宗朝熙豐變法使得提刑司的職能大量增加,而在北宋后期乃至南宋,提刑司財(cái)政、治安方面職權(quán)的日益增多,也與兩宋王朝的統(tǒng)治需求和國運(yùn)興衰保持一致。 宋代提刑司官員為一路監(jiān)司官,職責(zé)重要但品位不高,中央對其選任、考課、監(jiān)察制度極為嚴(yán)格,督促提刑官們盡忠職守。提刑司屬官主要有檢法官、干辦官等文臣官員和準(zhǔn)備差使、指使等武臣官員,兩宋時(shí)期其屬官也逐漸增多。 宋代提刑司以司法為最主要職能,其對刑事、民事案件均有審理權(quán)但以刑事案件為主,元豐改制后,提刑司獲得了對本路死刑案件復(fù)核裁定權(quán),執(zhí)掌生殺大權(quán),成為一路最重要的司法機(jī)構(gòu),同時(shí)對州縣司法活動的監(jiān)督和差官復(fù)審,一定程度上防范了營私舞弊、貪贓枉法等問題。兩宋時(shí)期涌現(xiàn)出了宋慈、鄭興裔這樣優(yōu)秀的提刑官員,出現(xiàn)了《洗冤集錄》、《檢驗(yàn)格目》這樣對中國封建社會后期司法檢驗(yàn)制度影響深遠(yuǎn)的著作。由于實(shí)際統(tǒng)治需要,兩宋加在提刑司身上的財(cái)政、治安等權(quán)力也越來越多,使得提刑司的職權(quán)呈現(xiàn)“一專多能”的特點(diǎn)。 提刑司由于處在路這一中央和州縣連接點(diǎn)的特殊位置,本身又掌管著司法、監(jiān)察等與國家、官員息息相關(guān)的權(quán)力,故而與各級政府、官員的關(guān)系非常密切。提刑司與路級機(jī)構(gòu)互不統(tǒng)屬,彼此之間主要是互察、互考、分工合作的關(guān)系。由于宋朝竭力防范地方割據(jù),以朝廷重臣出典大州,他們品位尊崇,與提刑這些六、七品卻管轄一路的官員之間容易發(fā)生紛爭,宋朝人為制造的品位與權(quán)力的錯(cuò)位,使得提刑等路級官員與州府長官間的關(guān)系進(jìn)一步復(fù)雜化。
[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.
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2006
【分類號】：K244
本文編號：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.
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2006
【分類號】：K244
【引證文獻(xiàn)】
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，本文編號：2146314
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