明初司法监察制度述论

On the Judicial and Supervisory System of the Early Ming Dynasty

明初司法监察制度由独立监察机构的监察、中央行政的监察以及司法体系内部监察三道监察网构成。其对合理司法、提高效率起过一定积极作用,但观其具体实施则弊端重重:司法职能和其他监察职能相混;行政对司法的监察使得司法监察沦为行政的奴婢;宦官、厂卫特务组织干预司法,造成人人自危的社会气氛。而这一切最终症结在于封建专制,它使监察走向了自己的反面。

The judicial and supervisory system of the early Ming Dynasty comprises three supervisory nets including independent supervisory departments, central administration and the judicial department themselves. The system plays a positive role in handing judicial affairs and promoting its efficiency. However,there are shortcomings in terms of implementation. The judicial function mixed with other supervision functions. The administrative supervision on judicial concerning a careful study of its concrete implementation will show many disadvantages. The reason lies in the feudal tyrannical system which had turned suoervision into its opposite.