唐代“司法三司”新论

On the Sifasansi of the Tang dynasty

"三司受事"和"三司推事"是两种不同的司法形式,几乎同时创立于高宗时期。两者不能混为一谈,并非先后出现。三司受事主要是受理上诉表状,它并不直接审判一审案件,唐德宗建中以后逐渐废弃此制。"三司推事"是由皇帝临时下诏组成三司,负责审问重要诏狱,审完即予裁撤。推事三司主要由刑部、御史台和大理寺官员组成,其重要特点有二:第一,皇帝常派宰相等重臣来监领三司,以保证审判的效率和公正性;第二,所审案件一般是先移御史台以后,然后组成三司赴御史台鞫问。

＂Sansishoushi＂ and the ＂Sansituishi＂ are two different forms of justice, they were founded almost at the same time in the period of Gaozong. The two can not be confused. ＂Sansishoushi＂ was appellate - like form, which was not directly involved in the trial of first instance cases, and gradually abandoned in Tangdezong period. ＂Sansituishi＂, was temporarily composed of three sector by the emperor＇ s Royal Decree , in charge of interrogation important case. Three - judge was composed of the officials from Xingbu, Yushitai and Dalisi. There were two important characteristics： first, emperors often assigned the prime minister and other secretary to monitor the ＂Sansi＂, in order to ensure the efficiency and fairness; second , The trial was sent to Yushitai first, then composed of three Division to bring a trial in Yushitai.