监察之监察:宋代的监司互察

Supervision on Supervisors:Mutual Supervision Between Supervising Organs During Song Dynasty

宋代的监司互察是宋代地方监察制度中发展较为成熟而富有时代特色的典范。宋代监司互察的主体是地方各路的转运司、提点刑狱司、提举常平司以及杂司。从本质上看,监司互察包含行政权、监察权两权监察和路级各司同级互察两方面的内涵,既是地方各司对同级行政权的监察,又是对同级地方监察权的再监察。宋代规定监司互察的范围主要有暴横赋敛、隐蔽水旱、大吏奸赃、兵将包藏四种情形,在监司互察失效情况下监司须承担"以其罪罪之"的法律责任。

Mutual supervision between supervising organs during Song Dynasty is a relatively mature manifestation of local supervising systems,abound with contemporary features.Major practitioners of the system were the transportation departments,judicial adjudication departments,daily life administration departments,and miscellaneous departments.At the center,this mutual supervision includes the dual supervision of administrative power and supervising power,and the mutual supervision of the route level departments,a supervision by local departments on administrative powers of the same level,and a re-supervision of supervising powers of the same local level.Areas covered by such mutual supervision include excessive and violent taxation,concealment of droughts or floods,evil behaviors or corruption by key officials,improper behaviors by military personnel,and the legal responsibility of taking the same punishment as would have been imposed on the other side when such supervision is ineffective.