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在司法活动中,能否准确而又及时地审结案件,关系重大。中国封建统治者把能否做到“案无留事”,看作是政治清浊的重要标志。正因为如此,封建统治者十分注意防止案件积压淹滞。从唐代开始,就按案件的繁简难易定立不同的审判期限。到宋代,这方面的措施又更加完备,特别是宋代定期或不定期地对积压案件(“留狱”)进行大规模清理,最具特色。本文试图对此作一探讨,以期起到借古鉴今的作用。
In judicial activities, whether the case can be concluded accurately and promptly is of great significance. The feudal rulers in China regard whether or not they “stay alive” is regarded as an important symbol of political voicing. Because of this, feudal rulers paid great attention to preventing the backlog of cases. From the beginning of the Tang Dynasty, different trial deadlines were established according to the complexity of cases. In the Song Dynasty, the measures in this respect were more complete. In particular, the large-scale liquidation of backlogs (“detaining prisoners”) was the most characteristic of the Song Dynasty, especially on a regular or irregular basis. This article attempts to make a discussion about it, in the hope of playing the role of ancient times.