家族司法与国家司法职务犯罪审判依据差异性分析

An Analysis on the Dissimilarity of the Trial Basis of Duty-Related Crime of Family Judicature to that of State Judicature

家族司法审判在古代社会与政治体系中发挥了不可替代的司法横平作用,古代社会基层治理对社会矛盾争议的化解大部分离不开家族司法审判发挥的裁判作用。家族司法职务犯罪审判依据也势必对基层社会控制发挥有利的平衡作用,并且与国家司法职务犯罪审判依据形成特色的对比,这也是统治阶级进行地位巩固和司法镇压的关键性司法依据。家族司法与国家司法职务犯罪审判依据的内容以及两者形成差异性的原因是传统司法文化的呈现,更是统治者意志的集中体现,这无疑对我国现行国家司法职务犯罪立法、司法都具有历史性启示。

Family justice trial played an irreplaceable role of judicial balance in the ancient society and political system.The resolutions of social contradiction and controversy devised by grass-roots governance in ancient society were mostly inseparable from the judgmental role played by family justice trial.The trial basis of duty-related crime in family judicature must have played a favorable balancing role in the governance of grass-root society.And it constituted a sharp contrast to that of the trial duty-related crimes in state judicature.This was also the critical judicial basis on which the ruling class consolidated its status by exercising judicial repressions.The content of the trial basis of duty-related crime in family judicature and state judicature and the reason for the formation of the dissimilarity was the presentation of traditional judicial culture and the concentrated expression of the rulers’will.This undoubtedly is of historical enlightenment to our country’s current legislation and judicature against duty-related crime.