救灾方式对中国古代司法制度的影响——因灾录囚及其对司法制度的破坏

录囚本是我国古代平反冤狱的一项重要制度。在"天人感应"思想的主导下,录囚在东汉时期成为禳灾的一种制度,为后世所继承和发展。它有着维护灾害时期社会稳定、安定灾民心理的功效,但同时对我国古代的灾害防治和司法审查产生了很多不良影响,妨碍了社会公正,甚至流为形式。

Reinterrogating Prisoners and Natural Calamities: Influence of the Manner of Relieving Natural Disasters on the Judicial System in Ancient China

Reinterrogating prisoners is an important system of reversing court sentence in ancient China.In Eastern Han dynasty,affected by the idea of Tian Ren Gan Ying(Heaven is generally influenced by man's activities),reinterrogating prisoners became an important system of dispelling calamities through sacrifice and was inherited by the subsequent Dynasties.Such a system had a function of safeguarding social stability and stabilizing mentalities of victims.However,it also had a great deal of negative influence over disaster prevention and judicial review in ancient China,and as a result impeded social justice and even failed to be implemented properly.