楚秦起诉制度比较研究

A Comparative Study of Prosecution System in Chu State and Qin State

在春秋战国时期,楚国和秦国的起诉制度已相当完备,如起诉形式已有了公诉与自诉之分,自诉案件中出现了本诉与反诉,司法机构受理起诉的条件也有了制度性规定,起诉与受理阶段还制作了相当规范的司法文书。楚、秦两国的法律制度和司法实践,从一个侧面反映出了上古中国的法制文明程度。

In the Spring-Autumn Period and the Warring States Period, the prosecution system in Chu State and Qin State was quite mature. For instance, the forms of prosecution were classified as public prosecution and private prosecution; charge and countercharge appeared in private prosecution; the system about qualifications of accepting and hearing a case was established; and judicatory writs were made. The legal system and judicial practice in Chu State and Qin State partly reflected the level of jural civilization in ancient China.