论宋代司法官员的证据观念及实践

The Idea and Practice of Judicial Officers to Evidence in Song Dynasty

宋代司法官员在审理案件中重视证据的收集和辨别 ,采用多种方式 ,以不畏压力、细心认真而著称 ,对“杀人无证佐”提出了新的见解 ,这些都促进了宋代证据制度的发展。但另一方面 ,受礼法并用、德主刑辅思想的影响 ,他们往往会在证据确凿、案情明了的前提下 ,从情出发 。

The judicial officers in Song Dynasty pay more attention to evidence when hearing a case.They used all kinds of methods and were famous for fearlessness and carefulness.They made a new explanation to 'no testimony for killing'.All of which promoted the development of the system of evidence. However,influenced by the idea that moral was primary and the punishment was second,at some time they made judgement which accorded not only with sympthy,but also with law's meaning,on the bacis of having conclusive evidence.