唐代直诉制度职能述论

On the Functions of Direct Appealing System in Tang Dynasty

直诉制度是指中国古代法律规定的控告人可超出一般受诉官司和申诉程序,向最高统治者或特定机构申诉冤情的一种非常规诉讼制度。它在古代平反冤狱,保证司法公正等方面起到了一定的积极作用,但也有很大的局限性。在唐朝直诉制度的理冤职能不强,主要是作为统治者广开言路、招贤能的一种途径。唐代对直诉所做出的种种规定,是造成此制度局限性的重要原因。

The directing appealing system was a special appeal regulated by law in ancient China.It means that people who suffered unjust things could directly appeal to the emperor beyond the range of common case and appeal acceptance.It not only had positive influences on keeping the justification of judicature,relaxing the social contractions and so on,but also had inevitable historical limitations.In Tang dynasty,the direct appealing system was not mainly to keep justification,but an important way to encourage the free airing of views and choose competent staff.Lots of rules for the direct appealing system were the major reason of its limitations in Tang dynasty.