中国古代司法官吏责任制度的内容及特征

The Contents and Characteristics of Responsibility System of the Ancient Judicial Officials in China

中国古代司法官吏责任制度是古代吏治中的关键内容。它内容丰富,规范详密,自成体系,几乎涉及现代诉讼的每个环节,甚至在某些环节的责任要求比现代更为严格。它强调对违法的司法官吏课以刑事惩罚和行政处罚;法律规定很严,但实际执行很少,立法与实践相脱节;皇权主宰着它的功能的发挥,但在特定历史条件下,它也确实在一定程度上防止司法腐败,对于减少或缓解冤狱对人民的摧残有积极意义。

The responsibility system of the ancient judicial officials was the critical contents of managing the government clerk, which includes the responsibility of illegal acceptance or refusal, the responsibility of illegal torture, the responsibility of illegal judgment and the responsibility of illegal execution. Its feature is emphasizing the criminal sanction and administrative sanction to the illegal judicial officials. Although it is strict in laws and regulations, nearly no case was executed, which means the legislation is out of line with the execution, for it was controlled by the emperors in its usage. But in some special historic conditions, it really prevented judicial corruption from happening in some degrees and had positive significance in reducing or relieving the harm to the people by unjust cases.