唐宋两朝乃传统中国法律集大成的重要时期,也是司法官员由法吏向儒吏转变的重要时代。唐代的判词多为拟判,而宋代纠正了拟判脱离实际的弊病,实判之风由此盛行。两朝虽然在判书形式上存在差异,但就判词实质而言,制判者的思维方式却同出一辙:在法律明确、稳定、统一的条件下,均采用“罪行法定主义”的裁判方式,而在更多的情况下,司法官会对情、理、法融会贯通,最终达到“情法两平”的断案至高境界。 The Tang and Song dynasties were an important period in which the law of traditional China became a masterpiece and also an important era in which judicial officials changed from law clerks to Confucianists. In the Tang Dynasty, the verdict was mostly for the judgment, while in the Song Dynasty, it was correct to judge the prevailing malady that the trial was to be divorced from reality. Although the two dynasties differ in the form of the verdict, the way of thinking is exactly the same in terms of the verdict of the verdict: under the condition of a clear, stable and uniform law, “statutory criminality” In more cases, the magistrate will deal with emotion, reason and law and finally reach the highest level of the “case law and two levels.”