试论宋代司法制度的发展

宋代在司法机构、审判制度、监察等方面表现出很有个性的“自立一王之法”。中央司法机构建立了审刑院,地方有了专门的司法职务和司法人员;审判上建立独具特色的鞫(审)谳(判)分司制度与翻异别勘制度,打开了越诉之门;建立了较为完善的监察机制。

On the Development of the Judicial System in Song Dynasties

The Song Dynasties established judicial agency,trial and supervisory system.They were to a great extent of relative independent from administration.Central judicial agency set up special "ShenXing" department(responsible for trials) and local areas had special judicial positions and staff.The trial system consisted of two systems,one had two separated sections,Ju(hearing) and Xian(judge),and the other one was appeal,which opened the door of presenting one's complaints to a higher level.The supervisory system could be called "comparatively complete".