漢代廷尉職能新考

Abstract

In ancient China, law which as a means of regulating social order and adjusting social relations, was inseparable from administrative power. In Early Imperial China, government officials had comprehensive management functions, including administration, legislation and judicature. Ting Wei is one of the Jiu Qing(九卿) in Qin and Han Dynasty, the highest judicial officer in Qin and Han Dynasty, and the stereotype of the trend of full-time judicial and criminal officers in Qin and Han Dynasty since the Spring and Autumn Period. A systematic discussion of the origin, position, appointment and membership of this official can, to a certain extent, deepen the understanding and understanding of the state judicial power system and its operation logic of the Qin and Han Empire. Previous studies, such as 『漢書ㆍ百官公卿表』ㆍ 『漢書ㆍ百官志』 and 『通典』, all have simple records and sporadic textual research on Ting Wei. Since the 20th century, academic research on Ting Wei in Qin and Han Dynasties has mainly focused on such issues as Liu Lingyu, Xu Shihong, Shen Gang and Hulsewé, which have made a lot of contributions. Based on the research of the predecessors, this paper further studies the political and legislative functions of Tingwei and puts forward academic thinking. This paper holds that Ting Wei still has other political functions. His participation in the court's "discussion" mainly involves related legal matters, which can be divided into three categories: discussion of prison cases, discussion of the national legal system and impeachment of officials. With the growth and decline of Tingwei's power, Tingwei sometimes participated in the discussion of important political affairs of the country, and often recurred, which had a significant impact on the political situation of the country. Lisi, a lieutenant of the Qin Dynasty, participated in the establishment of the emperor's honorary title and county system in the Qin Dynasty, which had an important decision-making influence on the formulation of the political system in the Qin Dynasty. Li Guang in the Western Han Dynasty participated in the discussion on the abolition of Liu He Shi, Emperor Chen Zhong participated in the discussion on the abolition of the county temple, Empress Dou's funeral rank, Empress Dou's funeral rank, and Emperor Zhang Hao's discussion on the abolition of Emperor Han'an's Prince. All of these showed the function of the court lieuter participating in the state affairs, and also played an important role in the direction of the major political situation. Tingwei was also responsible for the formulation and revision of laws in the Qin and Han Empires. With the trend of "precedentialization" in the trial of dubious prisons by Tingwei, in the process of formulating and amending legal provisions, Tingwei also formulated and compiled the legal content of "decision ratio" in the trial of dubious prisons. At the same time, the Ting Lieutenant was in charge of "scale and measure" and managed the "length" of the national weights and measures.