从《水浒传》看宋代的诉讼制度

A Review on the Litigation System of Song Dynasty from the Angle of the Water Margin

《水浒传》是我国古典名著之一,记述了极为丰富的"公案"故事,其在一定程度上反映了当时宋代的司法制度及社会生活。通过研究其中的一些"公案"故事,尤以武松复仇案为研究视角,充分展示宋代司法制度的实际运作情况,如起诉、受理、庭审、审级、判决和执行的基本程序。认为宋代的诉讼审判制度、相关法律及诉讼程序都是非常周密与详细的。最后指出宋代封建法制的腐败黑暗和司法的残酷专横。

The Water Margin is one of the famous and classical novels of China, there are many case stories in the novel, and these case stories can reflect the judicial system and the social life of Song dynasty. Through studying and analyzing some of the case stories, especially the case story of ＂Wu Song caught a tiger＂, which can vividly display the practical implementation of judicial system of Song dynasty, the basic procedure is as such prosecution, accepting and hearing the case, court hearing, trial grade, judgement and execution. From thereto it can be seen that the litigation and trialing system, relevant laws and the judicial proceedings of Song dynasty is so careful and detailed. Pointing out definitely in the end the corruption and darkness of feudal legal system of Song dynasty, and the imperious and cruel of judicial system of Song dynasty.