御史纠弹:唐代官吏犯罪的侦控程序考辨

Inquisition and Accusation of Yu-shi: On the Procedure of Investigating and Accusing the Official Misconducts in Tang Dynasty

御史纠弹是唐朝追诉官吏犯罪的程序。“纠察”为调查程序 ,指御史依职权对中央和地方的各级官吏的各项职事进行主动监督 ,以发现犯罪并进行调查。“弹奏”为控诉程序 ,指御史将其所发现并已核实的案件事实直接向最高统治者提起弹劾。纠与弹是相互联系的两个阶段 ,前者是手段 ,后者是目的。御史纠弹制度中的一些合理设置 ,可为当今追诉职务犯罪的制度建设提供史鉴.

Yu-shi Jiu Tan (Inquisition and Accusation of Yu-shi) was the procedure to investigate and accuse the official misconducts in Tang Dynasty. 'Jiu Cha'(inquisition)was the investigate procedure, which meant Yu-shi initiatively surprised the officials both in central authority and in local authorities to1find out their crimes and detect them further. 'Tan Zou'(accusation) was the impeaching procedure, which meant that Yu-shi made impeachments directly to the ruler on the basis of the facts he had verified. 'Jiu Cha' and 'Tan Zou' were closely related with each other, the former was the method, and the latter was the object. This system included some reasonable contents, which will make great sense for establishing the system of controlling the official misconducts.