绍兴冤狱与南宋初年的政治变奏

Shaoxing Miscarriage of Justice and Political Variations of the Early Southern Song Dynasty

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 miscarriage of justice was not a general means used by political groups struggle for power,but a non-rule-governed political action wavering between the law and politics.Throughout the trial of the case is always the presumption of guilt without letting both the reporting behavior and guilt evidence away from the rule of law.Even closing charges were also constructed in the immediate legal basis.Shaoxing miscarriage of justice behind the political point of view can be attributed to the immediate implementation of Shaoxing Peace Treaty,thus revealing the motives of Song Gaozong regime to create the intentional miscarriage of justice at the cost of legal injustice.