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周代狱讼模式或制度在西周以前的狱讼模式基础上发展而来,故而关于后者的考察对于认识前者具有较大意义。太史公在《史记》中记载的虞、芮之讼是目前进行这种考察的几乎唯一可靠依据。据此,商周之际,华夏地区已产生“邦”这样的政治体。“邦”建立相对完善的机构,并且可对人实施赏罚。然而,人们在发生争端之后可以自由选择裁决者,他们采取长期以来行之有效的做法和原则作为裁决依据的可能性较大。
The model or system of jailing in the Zhou dynasty developed on the basis of the jail litigation mode before the Western Zhou Dynasty. Therefore, the investigation of the latter is of great significance for understanding the former. Taishi Gong recorded in the “Historical Records” of Yu, Rui's suit is currently the only reliable basis for such an inspection. Accordingly, on the occasion of the Shang and Zhou Dynasties, a political body such as “Bang” has been produced in the Huaxia area. “State ” to establish a relatively complete body, and people can be implemented reward and punishment. However, people are free to choose their own arbiter after a dispute has taken place, and they are more likely to base their rulings on the long-held proven practices and principles.