秦汉时期诏狱的审理程序

The Procedure of the Cases Assigned by the Emperors in Qin and Han Dynasties

秦汉时期的诏狱,作为皇帝交办的案件,在长期的司法实践中形成了一套特殊的审理程序,在诸如调查机关的指定、强制措施的实行、当事人的上书自救、论定罪名之际的大臣共议等环节,与寻常刑事案件相比存在着显著的不同。由于诏狱本身是皇帝意志的产物,皇权专制所带来的司法任意性在审理过程中不可避免,这是诏狱程序所无法解决的问题。

During Qin and Han dynasties,a special procedure was formed with the trial of the cases assigned by the emperors. This procedure had significant differences with the ordinary criminal procedure in many aspects such as the designation of the investigation authority,Enforcement of enforcement measures,the client ＇s self-rescue and the officials discussion on charges. The judicial arbitrariness brought by the imperial power was inevitable in the process of adjudication,which could not be resolved in this procedure.