五代军人主狱论析

On the Military Interference in Justice during the Five Dynasties

军人主狱是五代时期的显著特征,首要表现在中央和地方都出现了军事司法机关。这些军事司法机关以强大的军事力量为后盾,大肆攫取国家司法机关的权力,不断扩张司法管辖权。军人主狱现象的出现不仅是因五代时期特殊的时代因素,也有贯穿于中华法系发展的深层因素。军人主狱对于宋以后中国司法制度的发展造成了重大的影响,皇权进一步控制了司法权力。

Military interference in justice was a remarkable feature of the Five Dynasties,which was mainly manifested in the emergence of military judicial organs at both central and local levels.These military judicial organs with strong military force as the backing,control the power of the normal national judicial organs and expand the judicial jurisdiction without restraint.The emergence of the military interference in justice is caused not only by the special factors of the Five Dynasties period,but also by the deep factors running through the development of the Chinese legal system.The military interference in justice had a great influence on the development of China’s judicial system after the Song Dynasty,and the imperial power has controlled further the judicial power.