廷行事的功能及其流变

Function and Change of Royal Decisions

"廷行事"是仅见于睡虎地出土秦简《法律答问》的一项法律术语。全面考察廷行事的简文内容可以得知,这是一种秦代高级法官用以解释秦律的工具,具有修正、增补、细化秦律及直接断案等功能。由于西汉的令与奏谳制度已包含上述功能,因此廷行事消亡的原因应是被后起的其他法律制度所吸收取代。

＂ Royal Decisions＂ is a legal term appeared in the ＂ Interpretations of the Law of the State of Qin＂ carved on the bamboo slips unearthed in Shuihudi area. After examining the overall contents of the Royal Decisions, we could come to the conclusion that this is an instrument used by the senior judges of Qin to interpret the Qin law which has the functions of modification, supplement and detailing of the Qin law as well as direct decision of cases. Because the Western Han regulation and the Case-reporting System also contained the above functions of the Royal Decisions, replacement by other subsequent law system should be the reason of disappearance of the Royal Decisions.