宋代枢密院司法事权考述

A study on the Judicial Powers of Privy Council in Song Dynasty

枢密院作为宋代最高军事机构,具有军事司法监督与审判职能。一般军人的流、死罪案件以及疑难案件,枢密院有审查覆核之责;军官案件则须枢密院覆奏定判。尽管宋代统治者会在战时或平时军事审判中赋予相关军事官司必要的便宜权,以保障局部军队刑政的令行禁止,但是其主旨精神是高度维护日常军事审判秩序,谨慎权衡集权与便宜之间的关系。宋代统治者正是通过枢密院的司法事权强化对军队的绝对领导,从法制层面切实促进了中央军事集权的效果。

As the highest military organ, Privy Council had the function of the military judicial supervision and jurisdiction in the Song Dynasty. The soldiers＇ cases, including exile, death penalty, and difficult cases, must be reviewed by Privy Council. And the officers＇ cases must be reported to the emperor by Privy Council, too. For ensuring every order was executed without fail in local area, the rulers of the Song Dynasty sometimes could give the military judicial authority to the relevant institutions and persons at wartime or peacetime. But the rulers always paid great attention to safeguard the normal military judicial order. The rulers were very careful in balancing the centralization and the decentralization. It was through the judicial powers of Privy Council that the rulers of the Song Dynasty strengthened the absolute leadership over the army, and promoted the effect of the central military centralization from the legal aspect.