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宋代的法律在中国法律史上达到了一个新的高度,其制度设计堪称精妙。鞫谳分司制度实现了“审”与“判”的分离,是司法分权制衡加强中央集权和儒家慎刑恤狱思想的集中体现。案件经审案官推鞫结案,由不需要回避的其他官员提审犯罪嫌疑人进行录问,录问翻异则案件推倒重来,选未涉案的其他官吏再次推鞫,录问无翻异则检法议刑由谳司审定结案。这种案件经推鞫官审结,在没有检法议刑之前由其他司法官吏提审犯罪嫌疑人对案件进行核实复审的制度是宋代重要且独有的司法制度。录问制度不仅适用于刑事案件,也适用于民事案件。虽然录问制度在当时的历史环境下存在许多弊端,但从历史角度看,对于防范滥施刑讯和及时纠正冤假错案具有一定的积极意义,不失为民本思想的一种体现。
The law of the Song Dynasty reached a new height in the history of Chinese law and its system design was exquisite. The separation of the “trial” and “sentence” by the system of division of labor is a concentrated expression of the balance of judicial decentralization and the thinking of strengthening prisons of concentration and punishment. When the case was pushed by the trial officer and adjudicated, the criminal suspects were not questioned by other officials who did not need to evade the questioning. When the record was changed, the case was reinstated and the other officials who were not involved were pushed again. No change was recorded Prosecutors sentenced to trial by the Division concluded. This kind of case was concluded by the procuratorate officer, and the system of verifying and reviewing the case by the criminal suspects prior to the prosecution of sentencing prosecutors by other judicial officials was an important and unique judicial system in the Song Dynasty. The system of inquiry not only applies to criminal cases, but also to civil cases. Although the system of interrogation has many shortcomings under the historical circumstances at that time, historically speaking, it has certain positive significance for preventing torture and correcting wrongful and false cases in a timely manner, which is an embodiment of the people-based ideology.