《天圣·狱官令》与唐宋司法理念之变——以官员、奴婢的司法待遇为视点

Tiansheng-Prison Officers Order and the Changes of Judicial Ideas in Tang and Song Dynasties:From the View of Officers' and Maids' Judicial Position

中国传统法文化追求的最高境界是"中和",落实在司法领域则为"平",包含"等者同等"、"不等者不等"以及"等与不等的辩证统一"。唐宋时期是中华法系的代表性时期,法文化既有连续也有变化。通过对新发现的史料《天圣·狱官令》中涉及官员、奴婢司法待遇令条的分析,可知唐宋时期司法理念仍是以"平"为最高价值追求。但由于社会结构、统治策略等因素的变化,两朝"平"的内涵具有不一致性:在时间维度上,"等者同等"的意蕴已不同,即宋代官员、奴婢的司法待遇不同于唐代;在空间维度上,"不等者不等"的意蕴也产生了变化,即宋代各阶层之间"不等"的差距与唐代相比已经缩小。这说明中国传统司法理念蕴含的正义观是动态合理的。

The highest realm of Chinese traditional legal culture is ＂neutralization＂. And in the practice of justice field,it is＂Ping＂,which includes three aspects： Equality for the same classes,Inequality for the different classes and the dialectical unity of Equality and Inequality. The Tang and Song Dynasties are the representative periods of the Chinese traditional legal system,and the legal cultures have both continuities and changes.Through the analysis of judicial positions of the officers and maids in the newly discovered historical data,Tiansheng-Prison Officers Order,we can find that the judicial ideas of the Tang and Song Dynasties are still pursuing the highest value of ＂Ping＂. However,because of the changes of the social structure,the ruling strategy and other factors,the contents of ＂Ping＂in the two dynasties are different,which specifically include two aspects：in the time dimension,＂Equality for the same classes＂ have some changes,and judicial treatments of officers and maids are different; in the space dimension,the contents of ＂Inequality for the different classes＂also are different,and the gap between the different classes in the Song Dynasty has narrowed from that of the Tang Dynasty. They also fully show that the traditional justice concept contained in the Chinese traditional judicial idea is dynamic and reasonable.