中国古代家族司法纠告程序研究

On the Study about the Accusation Procedure in Family Judicature in Ancient China

家族司法实施主要依据家族法法律文本。家族法的法律文本除了部分规定是一种约束性规范外,其余多数家族法都以家族司法之步骤实施并辅以一定的程序。古代家族司法程序主要有纠告程序、传唤程序、审理程序、裁断程序、执行程序等等。纠告程序是家族司法程序发起实施的首要步骤,它作为家族内部检举不法成员违规行为的方式有其自身的分类、范围和发展演变。

Family judicature was mainly exercised according to the legal provisions of family law. Aside from a restrictive part, most legal provisions ＇of family law were carried out by following the procedures of family judicature accompanied by certain other procedures. The judicial procedures in ancient Chinese family mainly included the accusation procedure, court order, hearing procedure, adjudica- tion procedure and execution procedure. Accusation constituted the first important procedure in the initiation and implement of family judicature. As a way to inform against the lawbreakers＇ illegal behavior in the family or clan, accusation procedure had its own classification, jurisdictional limits and development.