学界普遍认为宋代司法制度是中国法制史上发展最为完善的时期,且相关司法官员普遍具备较高法律素养。而学者们又大多认为“吏强官弱”现象是宋代司法中的常态。两者之间存在凿枘不合之处。事实上,宋代士大夫对于胥吏的司法活动向来深具戒心,采用事前的积极防范与事后的严加惩戒相结合的方式,有力地规制胥吏在司法过程中的不法行为。 It is generally accepted by the academic community that the judicial system in the Song Dynasty was the most well-developed period in the history of Chinese legal history and relevant judicial officials generally had high legal literacy. However, most scholars think that the phenomenon of “Officials and Strong Officials Weak” is the normal state in Song Dynasty. There is a chiseling gap between the two. In fact, the scholar-officials in the Song Dynasty have always been wary of the judicial activities of the petty officials and have used the combination of precautionary measures in advance and strict disciplinary measures in the aftermath to forcefully regulate the petty officials’ wrongdoing in the judicial process.