宋代法官受理诉讼制度探讨

宋代法官受理诉讼必须遵循统属原则、亲嫌回避原则、长官躬亲原则。宋代又制定了法官受理诉讼的政策,包括诉事干己、证佐明白、诉状规范,法官才能受理,婚田民讼事干农务,法官必须在“务限”内受理。违反上述规定的法官要承担相应的法律责任。然而,封建社会法律条文往往与司法实践相脱离,宋代大量存在的法官违法受诉现象,终使其严密而完善的受理诉讼制度成为具文。

The Exploration on the System of the Judge Accepting a Case in the Song Dynasty

In the Song Dynasty, when they accepted a case, the judge must abide by such principles as subordination, relatives evasion and senior officer doing in person. Meanwhile, Song Dynasty also worked out some policy on the judge accepting a case, including the lawsuit related to oneself and clear proof and standard plaint which was accepted by the judge. Time restriction of the case of people' s marriage and land must be observed. In addition, if they broke upward system, the judge would shoulder lawful duty. However, the system of law was often seperated from the practice. There was a great deal of phenomenon of violating the law in the judge accepting a case. Thus, this perfect and strict system of Song Dynasty became dead letter.