宋代“豪横”势力的司法认知和处置逻辑——以《名公书判清明集》判词为中心

The Judicial Recognition and Logic of Handling Hao-heng the Groups in the Song Dynasty:Focusing on the Judgements from Ming-kung Shu-pan Ching-ming Chi

《名公书判清明集》关键词统计分析显示,"豪横"作为一个特殊群体,与宋代社会各层面广泛接触,既涉及官方群体,也涉及民间群体,成为司法名公始终关注的对象。宋代"豪横"势力在本质上属于黑恶势力,具有普遍性,但是不能和其他恶势力相混淆。从法律角度来看,宋代"豪横"势力具有核心人员、依附人员、交结人员等层次性,以及逐利性和不法性等基本特征。从《名公书判清明集》判词中引用的法律条文和司法明公对"豪横"行为性质的认定两个方面来看,宋代"豪横"势力的违法犯罪行为始终是与财产相关联的。宋代"豪横"势力常常借助官方权力和民间暴力两种权力,并伪托合法外衣行事,因而在行为方式上更为隐秘。由于"豪横"势力的违法犯罪活动具有集团性特点,因此司法名公在处理"豪横"问题时具有特殊的司法行动逻辑。

Through the statistical analysis of key words,we found that as a special group,haohengs had extensive contact with all levels of society,involving both official groups and nongovernmental groups,and have always been the target of judicial ming-kungs.In essence,the haohengs belonged to the evil forces and had some common characteristics,but they cannot be confused with other evil forces.From the legal point of view,this social group was characterized by among others a hierarchical structure consisting of core personnel,dependent personnel,and other associates and by their pursuit of illegal profits.From the two aspects of the legal provisions quoted in the judgments from Ming-kung Shu-pan Ching-ming Chi and the ming-kungs’identification of the nature of the illegal behaviors of hao-hengs,the illegal and criminal acts committed by hao-hengs were always associated with the property.However,the illegal activities were often carried out with the help of official power and civil violence and under the guise of legality,so their behaviors were more secretive.Because of the group characteristics of the violent criminal activities,ming-kungs had a special logic of judicial action in dealing with the problem.