论高丽对唐地方司法制度的变异

Koryo's Variations on the Local Judicial System of the Tang Dynasty

与唐实行中央集权体制、皇权强大的情形不同,高丽是典型的贵族制社会,地方势力强大,出现了“私门辨讼”制度。在州郡一级,高丽虽移植了唐制,但在权力运作特别是在判官以下官员司法权力的设定上,对唐制有较大变异:州郡的司法权主要不是由判官,而是由司录和法曹行使;县级政权结构简单,只有县令或监务一人,不过是州郡的派出机构,诉讼多不经官府,而由地方势力解决。

The Tang Dynasty was a centralized system with strong imperial power,while Koryo was an aristocratic society.The township officials in Koryo were powerful.The system of private trial appeared,this was due to the institutionalization of local power in the early Koryo period.At the state level,Koryo transplanted the local system of the Tang Dynasty,in which,administration and justice are combined.But in the system of power operation,especially in the setting of the judicial power of the officials below the judge,the fourth class official system of Koryo had great variations on the Tang system.Different from the local judicature in Tang Dynasty,the judicial power of Koryo was mainly exercised by the“Silu”and“Facao”.Although the county-level regime in Koryo adopted the system of the Tang Dynasty,in which,administration and justice are combined,and the county magistrate was the highest judicial official of a county,but it's county-level regime structure was extremely simple, with only one county magistrateor supervisor. The judicial power of the county magistrate was smaller than that ofthe Tang Dynasty, and it was actually a dispatched agency of the state. In a county,the general judicial proceedings were not through the government, but by the localaristocracy power to solve. In short, due to the influence of the specific socialstructure and power structure of the country, Koryo had great variations on the localjudicial system of the Tang Dynasty.