明清三法司制度考量

Research on Three Judicial Officials Trial System in the Ming and Qing Dynasty

三法司制度是中国古代的一种审判制度,起源于唐朝,在明清发展完善,具有基础性、稳定性以及非最后性等特点。它对明清的司法起到了重要的作用,同时也存在诸多问题。它具备合议制形式,是对延续数千年之久的独任制审判所进行的修正,弥补了独任制的弊端。研究三法司会审在明清得以完善的背景、原因及影响,对今日诉讼制度之建设亦有所启发。

Three judicial officials trial system is regarded as one of the most vital systems in the history of ancient China.It is originated from the Tang Dynasty and has been further refined and perfected in the Ming and Qing Dynasty.It plays an important role in the judicial system in Ming and Qing Dynasty.It develops its own unique characteristics in the evolution process.It is in the form of collegiate system which is based on the amendment of the system of sole judge proceedings;it can make up the drawbacks of the sole judge system,which had been existed for thousands of years.Based on the investigation of the background,causes and impacts of the improvement of three judicial officials’trial,the study conducts an evaluation and a comprehensive survey of the system,which could provide useful reference for the construction of today’s lawsuit system.