唐代录囚制度研究

发布时间：2018-04-10 06:29

本文选题：录囚制度　切入点：唐代　出处：《郑州大学》2011年硕士论文

【摘要】：录囚制度最早发源于奴隶制时期,并经后世朝代的发展演化,已经成为一项重要的监狱司法制度。唐代统治者采取杂糅儒、道两家思想的治国方略,在立法和执法上践行务求宽简,慎狱恤刑的思想,频繁录囚,促使了录囚制度在唐代不断发展完善,并趋于完备定型,从而奠定了唐代的录囚制度在我国古代法律制度中的重要地位。本文以录囚制度的历史发展为线索,以录囚制度的起源、发展；唐代录囚的原因；唐代录囚的职能主体系统；唐代录囚制度的历史评价以及唐代录囚制度对当代审判监督制度的启示五个方面,通过查证和引用大量的史籍资料,在前人研究成果的基础上,以浅陋之文,试图反映唐代录囚制度的全貌。本文通过深入研究录囚制度的起源,指出目前多数学者认为录囚制度发源于西汉的观点有失严谨,通过对录囚制度内容和目的分析,考证史料,说明录囚制度的发源应是在奴隶制时期。本文也对不同时期出现的“虑囚”、“理囚”、“疏理”等名称进行总结和分析,得出其是录囚制度别称的结论,同时论述了明清时期的会审制度也是录囚制度发展演变的结果。唐代录囚的原因主要有三个方面：一是防止刑狱冤滞,冤狱和滞狱的存在是唐代录囚的直接原因,同时唐代统治者受慎刑恤囚思想的影响而频繁录囚；二是唐代统治者弥灾的需要,即因灾录囚,指出唐代统治阶级认识自然灾害的两种理论,即“灾害天谴说”和“阴阳五行学说”；三是唐代皇帝体现皇恩,行赦免之道的需要,主要通过援引大量史籍资料来说明录囚活动在唐代成为皇帝赦免的主要手段。唐代录囚的职能主体及职责划分主要有三种：一是皇帝亲自录囚,论述了皇帝亲自录囚的情况以及皇帝亲自录囚的地域范围大多是在京畿之地；二是皇帝遣使录囚,主要派遣刑部、御史台和中央官员外出录囚；三是司法机关和固定官员定期录囚。我们应以历史的眼光来评价唐代的录囚制度,唐代的录囚制度在当时的社会制度环境下有其进步意义,对缓和社会矛盾以及皇帝体察法律运行和吏治情况从而完善法律制度有积极作用；但是唐代封建社会,皇帝的录囚活动往往成了皇帝赦免罪囚的一种手段,破坏了唐代法律运行的司法公正。文章的最后简要论述了唐代录囚制度对后代的司法监督制度的影响,重点论述了唐代录囚制度对明清会审制度的影响,并引申出对当代审判监督制度的思考,以赵作海案件为例说明我国当代审判监督制度有待改进。
[Abstract]:The prison system originated in the period of slavery and has become an important prison judicial system through the development and evolution of later dynasties.The rulers of the Tang Dynasty adopted the strategy of governing the country with mixed Confucianism, Taoism and two schools of thought, practiced the idea of seeking leniency and leniency in legislation and law enforcement, and frequently recorded prisoners, which promoted the continuous development and perfection of the system of recording prisoners in the Tang Dynasty, and tended to be complete and formalized.Thus established the Tang Dynasty prison system in our ancient legal system an important position.This article takes the historical development of the system as the clue to the origin and development of the system, the reasons of the recording of prisoners in the Tang Dynasty, the system of the functional subjects of the prisoners in the Tang Dynasty;The historical evaluation of the system of prison custody in the Tang Dynasty and the enlightenment of the system to the contemporary system of judicial supervision in the Tang Dynasty. Through checking and quoting a large number of historical books and materials, on the basis of the previous research results, the paper is based on the humble text.This paper tries to reflect the whole picture of the system of prison keeping in Tang Dynasty.By studying the origin of the system, this paper points out that most scholars believe that the system originated from the Western Han Dynasty, and through the analysis of the content and purpose of the system, the historical data are verified.It shows that the origin of the prison system should be in the period of slavery.This paper also summarizes and analyzes the names of "thinking prisoners", "managing prisoners" and "grooming" appearing in different periods, and draws the conclusion that they are other names of the system of recording prisoners.At the same time, it discusses that the trial system during the Ming and Qing dynasties is the result of the development and evolution of the system.There are three main reasons for the admission of prisoners in the Tang Dynasty: first, to prevent the miscarriage of prison, the existence of unjust imprisonment and detention is the direct cause of the admission of prisoners in the Tang Dynasty, while the rulers of the Tang Dynasty are frequently recorded under the influence of the idea of careful punishment and compassionate prisoners;The second is the need for the rulers of the Tang Dynasty to indemnify the disaster, that is, to record prisoners because of the disaster, pointing out that the ruling class of the Tang Dynasty knew the two theories of natural disasters, that is, the theory of "the natural scourge of disasters" and "the theory of the five elements of yin and yang";Mainly by citing a large number of historical records to explain that the activities of prisoners in the Tang Dynasty as the main means of pardon.In the Tang Dynasty, the main functions and duties of the prisoners were divided into three categories: first, the emperor himself took prison, and discussed the situation of the emperor himself, and the geographical scope of the emperor himself taking prison was mostly in the land of the capital; second, the emperor sent the emissaries to record the prisoners.The main dispatch of the torture Department, Royal Taiwan and central officials out of prison; third, the judicial organs and regular officials to record prisoners.We should evaluate the system of incarceration in the Tang Dynasty from a historical perspective, and the system of incarceration in the Tang Dynasty has its progressive significance under the social system environment at that time.It played a positive role in easing social contradictions and the emperor's understanding of the operation of the law and the administration of officials so as to perfect the legal system. However, in the feudal society of the Tang Dynasty, the emperor's record of prisoners often became a means for the emperor to pardon prisoners for crimes.It destroyed the judicial justice of the Tang Dynasty law operation.At the end of the article, the author briefly discusses the influence of the system of recording prisoners in the Tang Dynasty on the judicial supervision system of future generations, and emphasizes on the influence of the system of recording prisoners in the Tang Dynasty on the system of trial in the Ming and Qing dynasties, and gives some thoughts on the contemporary system of judicial supervision.Zhao Zuohai case as an example of our country's contemporary trial supervision system needs to be improved.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;D926.7

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