论文标题:论两汉的诉讼程序
The Study of the Lawsuit of Han Dynasty
论文作者 欧阳凤莲
论文导师 张鹤泉,论文学位 硕士,论文专业 中国古代史
论文单位 吉林大学,点击次数 172,论文页数 58页File Size2170k
2005-04-20论文网 http://www.lw23.com/lunwen_78274937/ 诉讼程序;讯问;读鞠;奏谳;乞鞠;录囚
Regional; ecological-economic suitability; agricultural leading industry; Selection theory;Selection approach
本文比较系统地考察了汉代的诉讼程序。首先介绍了两汉诉讼的提起方式,接着探讨了汉代诉讼的受理机构和审级层次,然后从传讯被告到庭、讯问当事人、证据、读鞠、论罪、上报和奏谳、乞鞠和复审等几个方面重点论述了汉代诉讼中的审讯程序,力图勾勒出汉代审讯程序的基本轮廓。之后考察了汉代诉讼的监督制度,具体而言,就是从皇帝、皇后亲自录囚、刺史录囚和郡太守录囚及录囚的作用等几个方面分析了汉代的录囚制度。另外,也对汉代治狱和判决的执行时间进行了探讨。在此基础上,文章在最后归纳并分析了两汉诉讼程序的主要特点,以期进一步认识汉代诉讼程序的历史地位。
Judicial system is one of the important regulations which intensifies the emperor"s authority and defends the core of king" s politial rule system in old China.furthermore, the procedure is a important part in judicial system as the measure system The lawsuit of Han Dynasty was more perfect than Qin Dynasty.The lawsuit has a distinguishing times characteristic,because with the widely spreading of Confucianism has been covered every corner of society,and eventually had occupied the leading position. So, this is make it worth of studying systematically and in an all-round way.The thesis is divided into six chapters to discuss the procedure of Han Dynasty.In the first chapters,the way of lawsuit mentioned to Han Dynasty was explained.lt was considered two types .One is the person concerned,appeal to the government"s judicial organization voluntarily.The other is the ones who know best that except for person concerned litigate,because of prosecuting and accusing,it also includes two situations,firstly the common people took on soule ,secondly is the the government"s servers took on prosecute or accuse to ligitation .in a word, the expressing of the lawsuit is the beginning step of lawsuit procesures.In second part mainly discusses the agent of accepting and hearing in Han Dynasty.This mechanism had three parts.The basis part consists of county,province and affiliated county.The judicial action was hosted by government and leaders of the affiliated county that had the authoritytoaccept and hear a case or committ and punish the ordinary"s crimes,as well as death penalty.The followings were Jun and centrial government.This was a transitional department.To the subordinate.it took charge of dealing with some important and suspecting cases.Meanwhile.as the lower department.it must to be accept the leading or controlling of the emperor or tirgwei.meanwhile,it also had duty to turn over the cases to Tirgwei. Tirgwei as a heart in centrial judicial organization has the highest position in Han Dynasty.lt dealed with all kinds of cases from all over the country.such as the important cases in capital area.the questioning and suspecting cases from every part of country and check inspected the death penalty.The third chapter is about the interrogated proceeding(trialing) in Han Dynasty.The author try to show a whole outline about notifies the defendant to the court .asking the lifrgant.evidance.duju,punishing .turning over cases to the higher authorities.zouxian.qiju and re-checking.After planed a case on file for investigation and prosecution.it would notified the litigant to the court.If he escaped with crime.it had to take charge of arresting the escaped.Then.it would asked and investigated the defendants and other witnesses.Meanwhile.it also looked for the other relating proofs.If these envidences were confirmed and evidenced ,the court would pronounce his guilty.The proceeding is mainly base on the laws and decrees,criterim of Confucianism and Jueshibi.As well as it also according to some principles that consists of applying .respecting and caring the younges and olds ,the lighter or heavier principles.if it was death
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