论明代中央司法权力的划分

Separation of Judicial Power in the Ming Dynasty

厂卫干预司法是明代中央司法制度的一个突出特点,它其实是皇帝在司法中分割三法司权力、扩张自己权力的一种手段。厂卫的司法权是皇权在司法中的延伸。除了厂卫以外,皇帝还通过自己直接行使司法权、内阁和司礼监分掌部分司法权能以及各种会审制度来限制三法司权力,以期在司法中贯彻自己的意志。这是法司司法的特点和皇权存在矛盾的必然结果。

The intervention in judicatory of Chang and Wei is an outstanding characteristics of the central judiciary in Ming Dynasty, it is a method in which the emperor participated in the judicatory and extended his power in fact. The judicature of Chang and Wei is the extension of the emperor＇ s power in the judicatory. Besides Chang and Wei,in order to carry through his own will in the judicatory , the emperor still exercised judicature by himself and gave the cabinet and Silijian parts of judicature and carried on various conduct trial jointly system in order to limit the power of judicial organization. This is an inevitable outcome of antinomy between the characteristics of judicature of judicial organization and the emperor＇s power.