唐代司法“三司”制度考论

The textual research of "three departments" In Tang Dynasty judicature

唐代司法活动中,"三司受事"是由中书舍人、给事中、御史组成的常设上诉机构。"三司推事"是由刑部、御史台、大理寺组成接受差遣推鞠大案的临时组织。"三司受事"主要作为常设的最高上诉机构存在,必要时可以奉诏理问要案;"三司推事"自始至终是接受差遣审断重大案件的临时机构,终唐之世并未有承担上诉审职能的明确授权。

In the Tang Dynasty judicature activity, ＂three departments who accept and hear the case＂ are the standing appellant organization composed by the Zhong Shu She Ren, Gei Shi Zhong and the the censor. ＂Three departments who judge the case＂ are the provisional organization ordered by the emperor and composed by the Ministry of Punishments in feudal China, the censor and Dali Buddhist temple. ＂Three departments who accept and hear the case＂ is by standing highest appellant organization existence and may present the imperial edict principle to ask the serious case when it is necessary; ＂Three departments who judge the case＂ are the provisional organization who ordered by the emperor to hear and judge the significant case from beginning to end, until the end of Tang Dynasty, who have not got the specific and jural authorization of undertaking the judgement of appeal.