中国古代实体法,特别是刑事法律和官制法之发达举世公认。大凡任何人只要拜读过《唐律疏议》都会对此有一个明确的判断。与此相反,程序法却极不发达。不仅没有形成专门的程序法典,而且人们的程序意识也较差。重实体,轻程序可以说是中国传统法文化的一大特征。但必须指出的是不发达并不等于没有,这一点也应承认。如中国古代早在唐代就有了回避制度和案件的地域管辖制度等。是什么原因导致了这一现象,学术界以往对此关注不多。本文拟对此做些初步的探讨。 The ancient Chinese substantive law, especially the development of criminal law and official law, is universally acknowledged. Anyone who just read the “Tang law” will have a clear judgment on this. In contrast, procedural law is extremely underdeveloped. Not only did not form a special procedural code, but also people’s procedural awareness is poor. The emphasis on substantive and light procedures can be said to be a major feature of the traditional Chinese legal culture. However, it must be pointed out that underdevelopment does not mean nothing. It should also be acknowledged. As early as in ancient China in the Tang Dynasty, there was a system of avoidance and regional jurisdictions. What causes this phenomenon, the academic community in the past paid little attention to this. This article intends to do some preliminary discussion.