唐代御史台司法功能转化探析

Transformation of the Judicial Function of Yu Shi Tai (Imperial) in Tang Dynasty

秦汉御史是监察官员,没有司法职责。唐初的御史台仅仅是监察机关,不是司法机关,御史弹劾百官,不须报送御史台长官批准,可独立行使弹劾权。御史是皇帝的耳目之官,充当皇帝的爪牙,"得专推劾"百官,若弹劾高官也仅是用书面通知中书门下,即使是弹劾宰相也不必与御史大夫打招呼。当时御史没有诉讼的任务,只是负责弹劾之事,并享有不经御史台长官独立行使弹劾权的使命。所有御史与大夫、中丞是"比肩事主",平等行使弹劾权。但在中唐以后,御史弹劾百官就必须经过大夫允许才可进状,御史独立行使弹劾的权力受到严重削弱。这也同时意味着皇权的加强,御史须按皇帝的意志,让弹劾谁就弹劾谁,不让弹劾的就不能弹劾。御史台由受理词讼,到参与审判,最后专推制狱,成为专门的司法机关,与刑部、大理寺合称"三法司"。御史台在日常司法活动中,主要是以"三司受事"的方式参与司法活动。御史台与刑部、大理寺共同审理狱案,渐成制度,御史台的司法功能日益强化,由单纯进行司法监督的机构,渐次干预司法审判,最后成为三大司法机关之一。

Yu-Shi (Censor) in Qin and Han dynasty is official censor with no judicial duties. In early Tang Dynasty, Yu Shi Tai was only a supervisory organ, not the judiciary. Censors were in charge of impeaching officers, who did not need to submit to the Imperial Executive’s approval and could exercise impeachment independently. Censors were the eyes and ears of the emperor, acting as the emperor’s minions, and having special impeachment powers. If they impeached the senior officials, they only need to notice Central Secretariat (Zhong Shu Sheng) and Imperial Chancellery (Men Xia Sheng) by written document. Even the impeachment of the prime minister they did not need to greet with the Imperial Executive. Censors did not undertake the tasks of suit at that time. They only were charge of impeachment independently without the Imperial Executive’s approval. All censors, Imperial Executive and Imperial Minister (Yu Shi Zhong Cheng) are' shoulder to shoulder duty officers' with equal impeachment powers. However, after mid Tang Dynasty, censors’ impeachments must obtain the allowances from Imperial Executive. As a result, censors’ the independent exercise of the powers of impeachment had been seriously weakened. It also means the strengthening of Emperor’s authority. Censors must subject to the Emperor’s will, on which censors depended whom to be impeached. At first, the imperial received complaints from the plaintiffs. Then it participated in the trial. Finally it has special jurisdiction and become to a specialized judiciary, which together with Board of Punishments (Xing Bu) and Supreme Court (Da Li Si) were called' three judicial chief ministries.' Imperial took part in daily judicial activities mainly in form of' three ministries’ acceptance of cases.' The joint hearing of Imperial, the Board of Punishments and Supreme Court had formed. Imperial strengthened the judicial function, firstly being a simple judicial oversight body, gradually interfering with the administration of justice, and finally becoming one of the three judicial chief organs.