西周至秦汉直诉机构的演变

The Evolution of the Direct Appeal Institutions from Western Zhou to the Qin and Han Dynasties

中国古代直诉机构经历了由萌芽到成熟的变化,体现出君主权力的逐步强化。西周的司法审级制尚未成型,《周礼》“肺石”“路鼓”作为“越诉”的一种形式,尚不能代表当时的直诉制度。金文中周臣可进行司法复审,周王可直接受理他人诉讼,这应是《周礼》“肺石”“路鼓”说的来源。随着战国君主专制的发展,代表君权意志的宫门“路鼓”整合了外朝“肺石”的功能,成为吏民“直诉”的主要途径。秦代御史大夫协助天子处理“直诉”文书,汉代以降,御史中丞、中书令、中书谒者、尚书令及其他非定职的下层官吏先后接替御史长官的工作,辅佐天子对吏民的“直诉”进行审核。

In ancient China, the direct appeal institutions experienced changes from germination to maturity, reflecting the gradual strengthening of the monarchical power.The judicial system of appeals had not taken shape in the Western Zhou Dynasty.As a form of “leapfrog appeal”,“Lung Stone” and “Road Drum” in the Rites of Zhou cannot represent the direct appeal system at that time.According to the bronze inscriptions, officials of Zhou could conduct judicial review, and the king of Zhou could directly accept people’s lawsuits, which should be the source of “Lung Stone” and “Road Drum” theories in the Rites of Zhou.With the development of autocratic monarchy in the Warring States period, the “Road Drum” at the palace gate, which represented the will of monarchy, integrated the function of “Lung Stone” in the Outer Court, and became the main place for officials and common people to conduct “direct appeal”.Yushi of the Qin dynasty assisted the emperor in handling the “direct appeal” documents.Since the Han dynasty, Yushi Zhongcheng, Zhongshuling, Zhongshu Yezhe, Shangshuling and other non-appointed low-ranking officials successively took over the work of Yushi, assisting the emperor in reviewing the “direct appeals” of officials and common people.