法律视域下南宋绍兴冤狱的政治取向

On the political orientation of Shaoxing injustice in the Southern Song Dynasty from legal perspective

绍兴年间的群体性冤狱事件,并非政治集团争权夺利的常规手段,而是一种游移于法律与政治之间的非规则政治行为。贯穿于绍兴冤狱审刑过程始终的有罪推定思想,并没有使案发告讦行为及罪证脱离法律规则,即使是结案时的严刑罪名,也是建构在即时的法理基础上。绍兴冤狱法律解析背后的政治视点,可以归结为绍兴和议国策的即时实施,从而直接透露出南宋初年宋高宗政权不惜触动道德天平而制造冤狱的政治动机。

Shaoxing injustice was not a general means of political groups struggle for power, but a waver between the legal and politics. Throughout the thinking of the injustice trial is always the presumption of guilt in the Shaoxing years, has not held the incident to report the behavior and the incriminating evidence from the rule of law. Even closing charges, also constructed in the immediate legal basis. Shaoxing injustice behind the political point of view can be attributed to the immediate implementation of Shaoxing Agreement, thus revealing the motives of Song Gaozong regime manufacture of injustice.