综论中国古代司法渎职问题

Judicial Misconducts in Ancient China

由于司法关乎社会秩序与国家的安定,中国历代统治者对其都十分重视,力求公正。但司法渎职现象仍时有发生,断罪不如法、出入人罪、受赇枉法、请托枉法、挟仇枉法、滥用酷刑、淹禁稽迟等是其主要表现形式。为了克服司法渎职,历代也都采取了各种措施,包括制定相关法律、重视法官人选、进行司法监察等。就总体来说,这些措施都无法从根本上杜绝司法渎职的出现,但是古代的经验对于今天仍有借鉴意义。

Given related to social order and state stability,judiciary is always being paid heed to in the history of China with justice pursued as much as possible.However,judicial misconducts keep occurring from time to time which are typically false discrimination,wrongful conviction,misconducts in case of taking bribery,doing offices or taking revenge for someone,abuse of cruel penalties,custody beyond the time fixed by law,and so on.To solve the problem,many measures have been taken in the history including laying down relevant laws,carefully selecting judges,and exercising close judicial supervision.Unfortunately,all these seem to have tried in vain and judicial misconducts have not been eradicated.Nevertheless,the experiences attained in ancient times still have some reference meaning today.