也论唐代司法体系中的“三司”

On the"Sansi" of the Tang Dynasty's Judicial System

“三司”是唐代司法体系中一个十分重要而特殊的机构,以安史之乱为分界线,三司的发展可分为前后两个阶段,无论在性质还是在职能上都有重大的不同:从高宗到玄宗之时,三司在相当长的一个历史时段内主要是一个代理皇帝受理诉状的秘书性机构,之后三司逐渐演变成为了一级介于皇帝与尚书省之间的审级。肃宗以后,三司逐渐固定地由御史台、刑部以及大理寺的官员组成。唐代的三司走过了一条从皇帝的秘书性机构到常设性司法机构再到临时性司法机构的历程,显示了一条从履行协助君主处理司法事务的辅助性职能到转变为一项正式的国家司法权力,然后又演变为君主个人专断权力的轨迹。三司作为“恤刑”政策的产物,尽管经历了一个比较复杂的演变过程,但却一直起着正面积极的作用。

The＂Sansi＂ was a very important but special organization in the judicial system of the Tang Dynasty, taking the rebellion of Anlushan as the boundary, 1he developments of the Sansi ean be divided into two stages; the first stage was from Tang gao-zong to Tang xuan-zong, in this stage, the Sansi was mainly a secretary organization accepting the lawsuit files on behalf of the emperor, Later it was becoming a judgement stage between the Shangshusheng and the emperor gradually. After the Tang su-zong,the Sansi wt, s always organized by the offiee holders of the Yushitai , Xingbu and Dalisi. The Sansi of the Tang Dynasty had come through a course from the secretary organization of emperor to the relatively formal judicial organization of the country, As the result of the policy of prudence penalty, though Sansi had experienced a complex evolvement course, it often had done the positive function.