宋代狱讼胥吏之弊及其成因探析

The Analysis of the Disadvantages about Clerical Officials in the Lawsuits of the Song Dynasty and the Causes

宋代狱讼中的胥吏之弊主要表现在传唤、受词、追证、审理、执行等司法过程中胥吏对当事人的无情欺压与盘剥。卑贱的政治地位和困顿的经济待遇使狱讼胥吏自暴自弃、甘心为恶;而作为司法主体的部分士大夫官员自身腐败无能甚或与胥吏沆瀣一气的行为,无疑加剧了狱讼胥吏之弊的程度。宋代狱讼胥吏之弊及其成因,为当代司法制度的建构提供了深刻的历史警醒。

The disadvantages of clerical officials in lawsuits of the Song dynasty were mainly embodied in the process of summoning to court, accepting a case, looking into the witness, try- ing a case, executing court decision, in which clerical officials cruelly bullied and exploited the parties. Lowly status in politics and difficult treatment in economy made clerical officials abandon themselves to despair and willingly did evil. Some of scholar officials of the Song dynasty corrup- ted for their own and acted evilly in collusion with clerical officials, which no doubt exacerbated the disadvantages of clerical officials in lawsuits. The disadvantages and their causes of clerical officials in lawsuits of the Song dynasty afforded us a deep historical alert on the contemporarily judicial system.