北宋前期审刑院与宰相的司法复审权

The Case Review Court and the Judicial Re-Examining Power of Prime Ministers in the Rearly Period of the Northern Song Dynasty

审刑院设立于宋太宗淳化二年,罢废于神宗元丰三年,专门负责天下上奏的疑难案件的复审工作,是北宋前期国家最高司法机构之一。审刑院的设立,对宰相的司法权产生了很大的影响,双方对中央司法复审权的争夺十分激烈:在宋初,宰相拥有充分的司法复审权;太宗淳化二年审刑院设立后,宰相淡出司法复审领域,审刑院完全掌握了复审权;从仁宗中期开始,随着相权的整体攀升,宰相的司法权不断扩大,最终使审刑院由独立于宰相到沦为其附属。

The Case Review Court was set up in AD. 991, abolished in AD. 1080. As the highest judicial reexamining department all over the country, it focused on reexamining the doubtful and difficult cases reported from the country. After its establishment, the Case Review Court had produced profound effect on the judicial power of Prime Ministers. The drastic contending on the central judicial reexamining power was evolved between the Case Review Court and Prime Ministers. In the initial stages of the Northern Song Dynasty, Prime Ministers held the complete judicial reexamining power. After the Case Review Court was established in AD. 991, it absolutely controlled the reexamining power with Prime Ministers gradually dropped out of the field of the judicial reexamination. The judicial power of Prime Ministers was continually expanded with the unitary ascending of Prime Ministers＇ power from the middle of Renzong Dynasty. At last, the Case Review Court submitted to the authority of Prime Ministers.