分司之后:宋代州级法官责任分等制度流变探析

After Division:The Evolution of the Song Dynastys State Judge Responsibility System

唐代形成了中国古代法官责任追究制度的典型形态,四等官(主典、判官、通判、长官)制度是中华法系中法官责任制度的代表。宋代继承了前代的法官责任追究制度,并在州级审判中实行鞫、谳、判分司制度,使四等官责任制度中又蕴含了审讯、检法、判决的权力制衡因素。宋代州级法官责任追究制度从等级制演变为环节等级制,问责路径从自下而上变为自前而后,分司式法官责任追究制度创造了更为完善的样式与形态。明、清王朝取消了鞫谳分司制度,恢复了唐代四等官法官责任制度,宋代因而成为中国古代法官责任追究制度的历史高峰。

The Tang Dynasty formed a typical form of the accountability system for ancient Chinese judges,with the four-class official system(main master,judge,general judge,and chief)being the representative of the judges responsibility system in the Chinese legal system.The Song Dynasty inherited the system of investigating the responsibility of judges from the previous generation and implemented the system of“Ju”,“Xian”,and“Pan”in state level trials,which incorporated the power balance of trial,prosecution,and judgment into the fourth class official responsibility system.The accountability system for state level judges in the Song Dynasty evolved from a hierarchical system to a link hierarchical system,and the accountability path changed from bottom to top to from front to back.The division based system of accountability for judges created a more complete style and form.The Ming and Qing Dynasties abolished the system of division of court and court,and restored the responsibility system of four-class officials system in the Tang Dynasty.As a result,the Song Dynasty became the historical peak of the accountability system for judges in ancient China.