唐宋“四等官”审判制度初探

唐宋审判机关的内部司法官按其权限和职掌可分为四等 :长官、通判官、判官、主典。他们在判案过程中 ,既各司其职、连署文案 ,又相互牵掣、承担连带责任。这既是一项基本的审判制度 ,又是同一审级中的内部监督机制 。

This article describes and analyses a special judicial institution in Tang and Song Dynasties. There are four ranks of officers in this institution. Although these officers have different functions in the trial, each rank must provide its opinions to the case. Also, they are in a 'check and balance' and all those officers undertake the common responsibility. This institution is not only a fundamental judicial one, but also it is an internal supervision arrangement in the judicial organ. Such an institution positively influences the judicial institutions in Ming and Qing Dynasties.