诣台诉事惯例对唐御史台司法权限的影响

Yi-Tai-Su-Shi Convention to Yushitai Judicature Jurisdiction Influence in Tang Dynasty

唐代律令诏敕对于御史台和尚书省受纳词讼的分工和关系未予明确界定,地方进京告诉者有权在台、省之间进行选择:或经尚书省左右丞逐级申诉,或径直向御史台告诉。由于台司受理的案件可能因帝王干预或台司"随事条流"而获得迅速解决,诣台诉讼遂成为诉事人进京告诉的首选,相当数量的诉讼案件由此迅速分流至御史台。台司通过自我授权获得受理词讼权力,并逐渐取得与尚书省分庭抗礼的优越地位,而尚书省作为法定上诉审的审判职能却逐渐变得寂寞无闻。

Tang law and order does not specify Yushitai and Shangshusheng cases handled by the division of labor and the relationship between the local tell when the right person to choose between the two. Step by step through the Shangshusheng prosecution,or directly to the Yushitai prosecution,thus gradually forming Yi-tai-su-shi of judicial practice. Yushitai case of acceptance as a result of imperial intervention may or Yushitai trial was quickly resolved,Yi-tai-su-shi become the first choice for the plaintiff to the central prosecution,a substantial number of court cases resulting rapid triage to the Yushitai. It lawsuit by self-authorized power to get accepted,and gradually get rival＇s superior position with Shangshusheng,it as the trial functions of the statutory appeal procedure has gradually become lonely unknown.