论宋代刑事审判权的制约机制

Research on Restraining Mechanism of Criminal Trial Authority of Song Dynasty

宋代刑事审判制度尽管在一般层面上仍未跳出封建式刑事审判制度的巢臼,但在具体制度的建构上却呈现出有别于中国封建社会其他朝代的独特风貌。宋代刑事审判制度的显著特点在于强调对刑事审判权的制约。可以说,宋代刑事审判权制约机制的设计和运行为确保刑事审判权的正确行使和刑事案件的公正处理奠定了坚实的基础。

Although the criminal trial system of Song Dynasty has not yet jumped out of the criminal trial system of feudal pattern on the general level, it appears unique style that is different from other dynasties of China＇ s feudal society in the construction of concrete system. The notable feature of the criminal trial system of Song Dynasty lies in the emphasis of the restraint to criminal trial authority. It can be said that the design and operation of the restraining mechanism of criminal trial authority of Song Dynasty has laid a solid foundation for ensuring the proper exercise of trial authority and the proper handling of criminal cases.