宋代“干证人”法制境遇透视

Research on the Legality Circumstances of Witnesses in the Song Dynasty

宋代"干证人"法是在唐代"证人"法的基础上发展变化的,宋代维护"干证人"权益的立法远远详于唐律中的规定。但由于宋代"干证人"在诉讼中仍然与正犯人同处于客体地位,所以违法勾追证佐,肆意留禁证人,刑讯逼取证词,一直是宋代普遍的司法现象,由此使无辜"干证人"的命运陷入悲惨的境地。这既是宋代专治权力轻视民众人格、尊严、权益的突出表现,亦是宋代司法腐败的重要反映。

The law of ＂witnesses＂ in the Song Dynasty developed and changed on the basis of that of the Tang Dynasty, and the legislation in the Song Dynasty is more detailed in protecting witnesses＇ rights than that of the Tang Dynasty. However, witnesses were in the same object position of the offenders in the Song Dynasty. The governments breaking the law and ganging up with judicial-helper, willfully detaining witnesses, and extorting prisoners to get extore a confession by torture was always a common judicial phenomenon, which put the witnesses in tragic situations. This obviously reveals that the Song Dynasty belittled the dignity and interest of the people, and reflects the corruption of the Song Dynasty.