宋代鞫、谳、议审判机制研究——以大理寺、审刑院职权为中心

On Judicial Mechanism of Hearing, Sentence and Rectification in Song Dynasty: Focus on Authority of Dalisi and Shenxingyuan

在"防弊"治国理念指导下,宋代创立了"鞫、谳、议"审判机制。不仅地方上严格执行了这一制度,中央层面实际上也贯彻了这一制度。宋神宗元丰改制,大理寺设右治狱,掌京城百官犯罪案、皇帝委派案、官物应追究归公案的审讯;同时设立左断刑,负责详断各地文武官员犯罪被劾案和各地报呈的疑罪上奏案。右治狱推鞫的案子须送左断刑详断,贯彻了鞫谳分司的精神。详议是建立在鞫、谳分司基础上的一个更深层次的制度设计,即地方奏案(已鞫)报大理寺、刑部断,再经审刑院详议。大理寺和审刑院断、议如有争执而无法定案时,宋还设有尚书省集议程序,以解决疑难问题。这一制度充分体现了宋代祖宗家法"事为之防,曲为之制"的宗旨。

Under the guidance of the concept of"anti-corruption",the Song dynasty established the judicial mechanism of"ju(hearing),yan(sentence)and yi(rectification)".This system was not only strictly implemented in local areas,but also implemented at the central level.During the reign of Emperor Shen Zong of Song dynasty,the system had been reformed that the Dalisi set up an agency named"Youzhiyu"which had power to interrogate some cases including officials'criminal cases of capital,cases delegated by the Emperor and cases about confiscation of officials'illegal property.At the same time,Dalisi set up an agency named"Zuoduanxing",responsible for the investigation and trial of the crime of civil and military officials,suspended and complicated cases in various parts of the country.The cases pushed by the"Youzhiyu"should be handed over to the"Zuoduanxing",which implemented the spirit of the division between hearing and sentence.In addition,there was a"detailed discussion"procedure in the Song dynasty,which was used to rectify the deviation.The detailed discussion is a higher level of institutional design based on the hearing agency and the sentence agency,that the local court cases would be determined by Dalisi,Xingbu and then Shengxingyuan to have a detailed discussion.When the Dalisi and the Shengxingyuan broke down and the dispute was not resolved,Song also set up a program that"Shangshusheng"(a kind class of officials in central level)discussed and solved the difficult problems.This system fully embodies the purpose of the family law of the Song dynasty that full defense and complete system are set for all things or matters that could happen".