“风闻言事”新论

A New View on Impeachment according to Public Opinion

“风闻言事”是中国封建时代曾经发挥过特殊作用的监察制度,其兴起与演变的过程,历来说法不一。现代历史学者周一良依据《后汉书·蔡邕传》《续汉百官志》等资料,认定“风闻言事”源于东汉蔡邕向汉灵帝上《封事》提出的“三公谣言奏事”建议。但“谣言奏事”的用途在于考核官员殿最,与御史的监察职责关系不大。从梁武帝发布的《天监诏书》可知,梁武帝鼓励御史“风闻言事”,目的在于纠弹有罪。这种制度最早可以追溯到汉武帝时派出“绣衣直指”查处有罪官吏的做法,其重用酷吏严刑峻法,让他们充当揭发百官罪过的“耳目”,与“绣衣直指”被赋予专办案件特权的用意相辅相成。由于御史“风闻言事”即使罔顾事实也享有免责特权,这一制度设计漏洞容易造成冤假错案,故实行以来一直争议不断。

Fengwen yanshi(impeachment according to public opinion)which is a supervisory system played a special role in China’s feudal era.However,the system has had varying interpretations regarding its origins and evolution.ZHOU Yiliang,a modern historian,based on sources,such as Book of Later Han:Biography of CAI Yong and Supplement to Book of Later Han:The Treatise on Officials,asserts that impeachment according to public opinion originated from a proposal by CAI Yong of the later Han Dynasty to Emperor Ling of Han in his Seal Memorials to the Throne known as Three Excellencies Heed Public Opinion and Feedback.However,the purpose of heeding public opinion and feedback was to assess political or military achievements of officials and was not directly related to the supervisory duties of the imperial censor.The Imperial Decrees in Tianjian Reign by Emperor Wu of the Liang Dynasty indicates his encouragement in impeachment according public opinion,with the aim of correcting wrongdoings and punishing the guilty.The system can be traced back to Emperor Wu of Han dispatching xiuyi zhizhi(just imperial censors).The just imperial censors who were embroidered-clad investigated guilty officials.By emphasizing harsh officials and severe codes,they uncovered wrongdoings by officials.In doing so,the intention of granting special privileges to the imperial censors was complemented.Due to the fact that some imperial censors enjoyed immunity even if their reports lacked factual basis,the design flaws of this system made it prone to wrongful judgments.As a result,there have been ongoing controversies since its implementation.