从乌台诗案看北宋官员犯罪司法程序的特点

On the Characteristics of Judicial Procedures of Crimes Committed by Government Officials in Wutai Poem Case in the Northern Song Dynasty

乌台诗案是北宋中期著名的诏狱。这个由皇帝直接掌管的需皇帝下诏书始能系狱的审判高官犯罪的案子,其司法审判也是按从劾奏到圣裁等七个程序逐一进行,是诏狱审判制度的具体实施,最终的处罚结果也符合当时法律规定。官员犯罪的司法程序是围绕查明犯罪事实、促使犯罪官员认罪伏法设计,包括诏狱在内的绝大部分案件能够按照法律规定进行,即所谓"法在有司"。而统治者综合考虑各种因素亲自下诏书最终定罪,除了训诫教化作用之外,在很大程度上具有显示权威的政治意义,是所谓"恩归主上"。

Wutai poem case is famous for the imperial edict imprisonment in the middle Northern Song Dynasty.The case was directly presided over by the emperor and the imperial edict was required to imprison high-ranking government officials.Also the judicial trial was carried out through seven procedures one by one from impeachment to sentence by the emperor.It was the concrete implementation of the imperial edict trial system.Besides,the final sentences were in line with the prevailing legal provisions of punishment.Judicial procedure was to make the official criminals plead guilty by the identification of crimes.Including the imperial edict cases,most could be carried out according to the laws.After comprehensively considered various factors,the emperor delivered the conviction edict,mostly for the purpose of displaying the authoritative power,in addition to reprimand enlightenment,which was?the so-called'all should be owned to the emperor'.