《唐律疏议》所见唐代审判责任制度

The System of Trial Responsibility Reflected in Tanglvshuyi

《唐律疏议》把案件的误判情况分为"故出""故入""失出""失入"四种类型,并规定了处罚原则。案件判决实行连署制度,联署判案出现误判,则分为"同职犯公坐"和"同职有私余官不觉"两种类型,连署之官根据自身在四等官制中的地位,负相应的连带责任。

Misjudge Cases were divided into four types in Tanglvshuyi （Comment on Law ot tang Dynasty）, Severer Sentence than Justice out of Personal Advantage, Lighter Sentence than Justice out of Per- sonal Advantage, Consciously Severer Sentence and Consciously Lighter Sentence than Justice. Those punishments were prescribed respectively. The system of joint signature was implemented in the process of trial. The misjudge cases could be classified into two types： one was Colleague＇s Unconscious Error, and the other is Colleague＇s Error out of Personal Considerations. When there were misjudge eases, the officials who had signed in records had to assume responsibility respectively according to the regulations prescribed in Tanglvshuyi.