中国古代三法司体制的演进与镜鉴

The Evolution and Reference of the Three-jurisdiction System in Ancient China

古代中央司法机关从“一法司”逐渐变为“三法司”,是“慎刑”“刑中”司法理念的体现和加强皇权、制衡中央司法权的需要。三法司体制自唐代产生,在历代司法改革与实践中,逐渐克服了诸如宋代司法机构重叠设置、程序混乱复杂,元代各机关各领其事、互不统摄,明代厂卫干预司法、皇帝任性越法等等弊端,至清代已较为完备,较好地发挥了制衡司法权、促进司法详慎公正的作用。

The gradual change of the central judicial organs from one to three in ancient China is the embodiment of the judicial idea of"careful punishment",and also the need to strengthen the imperial power and check the central judicial power.Since the Tang Dynasty,in the judicial reform and practice of the past dynasties,the system of three judicial departments has gradually overcome the drawbacks such as the overlapping setting of judicial organs in the Song Dynasty,the confusion and complexity of procedures,the organs in the Yuan Dynasty,each leading their own affairs and not controlling each other,the intervention of the Ming Dynasty,the emperor's capricious overstepping of the law,and so on,to the Qing Dynasty has been relatively complete,and has better played the role of balancing the judicial power and promoting judicial detail and justice.