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法官责任制度通过法官的自保心理而影响司法,“重出罪”还是“重入罪”是司法的重要指挥棒。秦汉时期“失刑”由政治概念发展成法律概念,秦汉开创的“缓深故,急纵出”的责任制度是其时刑法冤滥的关键因素。唐律在“重入轻出”的精神下创制了优良的出入人罪制度,宋代则辅之以相关人事制度以保障之,这成就了辉煌的唐宋文明。而明代悖离唐宋传统,重出轻入的法官责任立法,则是明代冤狱蔓延、社会萎靡不振的重要原因。
The system of judge responsibility affects the judiciary through the self-preservation of judges, and “re-entering sin” or “reincarnation” is an important baton of justice. During the Qin and Han Dynasties, the crime of “losing a capital” developed from a political conception to a legal conception, and Qin and Han Dynasties pioneered the responsibility system of “slowing down deeply, hurriedly emerging from the past”, which is the key factor in the criminal miscarriage of justice. Under the spirit of “re-entering light and light,” Tang drew up an excellent system of guilty of exiting and leaving people. In the Song Dynasty, the relevant personnel system was supplemented to protect it, which made the brilliant Tang and Song civilizations a success. However, the Ming Dynasty, which ran counter to the tradition of the Tang and Song dynasties and reshuffled the judge’s responsibility legislation, was an important reason for the spread of the unjust prison in Ming Dynasty and the social malaise.