宋代民事案件的上诉程序考述

Analysis of the Civil Appellate Procedure in Song Dynasty

民事案件的上诉程序是宋代司法制度的一个重要组成部分 ,但长期以来 ,学界对这一问题的研究一直不够深入 ,其主要原因一是由于在宋代的法典中没有系统的有关民事上诉的法典 ;再一个原因是一般认为传统社会中的民事上诉案例非常少见。然而笔者却发现在宋代的资料中保存有相当数量的民事上诉判例 ,通过对这些案例的研究 ,可以较详细的了解到宋代的民事上诉制度的具体情形及其利弊。

The issue of the civil appellate procedure in traditional societies has been long neglected by the academic circle. First reason is that there were no systematic laws and regulations specific to civil appeal in ancient codes, and second reason is that people tend to think that there were very few civil appeal cases in traditional societies. However, this writer found that there were a considerable number of civil appeal cases retained in the archives of Song Dynasty. Studies on these cases can help us understand more details about the exact situations, the advantages and disadvantages of the civil appeal system of Song Dynasty.