论西夏的司法制度

西夏的行政、军事机关,一般都兼有案件审判和督察复核职责。司法诉讼主要为刑事诉讼,即使民事案件,也是用刑事判断。对人犯的逮捕只需长官的指令,而不履行法律手续。法律上只有对逮捕人的督察,防其奸伪、贪纵、暴掠以及无故杀伤人犯,人犯拒捕反抗格杀勿论。

The Judicial System in His-Hsia

The administration and military mechanisms of the His-Hisa regime generally all have the duty of case trial or check simultaneously. The justice lawsuit is vital to the criminal procedure, even to the civil case. Arresting of the accused only needs the instruction of senior officer, instead of performing the law procedures. Only superintending arresters prevent their falsities, embezzlement, plunder as well as killing and wounding the accused without any excuse.