试析唐律的“官司出入人罪”

唐律的“官司出入人罪”是指官吏故意或过失酿成冤假错案的行为。它从客观上分为“出人罪”和“入人罪” ,从主观上分为“故意出入人罪”和“过失出入人罪”。对“故意出入人罪”的处罚是“以全罪论”或“以所剩论” ,对“过失出入人罪”则比照“故意出入人罪”分别减五等或减三等处罚。唐律对于该罪的规定极具特点 ,其可为我国的刑事立法提供有益的借鉴。

Probe into "Unjust Verdict" in Tang Laws

Unjust Verdict” in Tang laws is a kind of act that was committed by the feudal officials when they were trying the cases, which mainly includes:purposefully or negligently doing wrong to the innocents; indulging criminals; having the in corresponding penalty and crimes. Objectively speaking, it can be divided into two kinds of acts: declaring crimes into innocence and felony into misdemeanor and vice versa. Subjectively speaking, this act can be committed purposefully or negligently. The punishment to this unjust verdict can be transferred to the lawyers themselves, that is, the lawyers themselves bear the corresponding legal responsibilities. We can find this punishment has some beneficial experience to Chinese criminal legislation.