摘要
关于尚书刑部成立的早期因素,即都官尚书缘何产生,唐人在《唐六典》中建立起的尚书刑部生成史线索“三公曹尚书—都官尚书—刑部尚书”,影响深远,但问题不少。这一看法受晋初模仿西汉重新设立了“掌刑断”的三公尚书影响很大。实际上,随着西晋末省三公尚书,出现的是“以吏部尚书兼领刑狱”的新制。以南朝司法政务分工机制而论,是删定郎典定律令,三公郎主刑断,比部郎掌律令,三者与掌选举的吏部郎皆属吏部尚书。唐人还将都官郎中的渊源追溯至汉代司隶校尉下属的都官从事。汉代都官从事最初与“中都官”(区别于地方都官系统)联系紧密,但此后两者关系渐远。至曹魏,新置与军事相关的都官郎曹,职掌明显区别于都官从事,不应认为两者有直接因袭关系。都官郎曹出现后,便与掌盗贼的二千石郎曹关系密切。直至后者在东晋消失后,才形成都官郎曹兼掌军事、刑狱(侧重刑讯罪囚)的职能,并为南朝所继承。至于都官尚书,初现于赫连夏,后见于南朝宋,因此是南朝因袭北方少数民族政权制度实践的产物(却未被沈约《宋书》所提及)。但这一新因素既没有取代南朝吏部尚书兼领司法的定制,也未改变魏晋以来呈现着零散态势的司法政务运行机制。探讨都官尚书向刑部尚书的转变,还需从北朝后期制度发展中寻找新线索。
About the early factors of the establishment of Xingbu-Shangshu,namely the cause of formation of Duguan-Shangshu,People in the Tang Dynasty established clues of generative history in Tang Liu Dian that from Sangongcao-Shansghu to Duguan-Shansghu to Xingbu-Shangshu.The influence of this view is profound and lasting,but there still exist many problems.This view was greatly influenced by the re establishment of Sangong-Shansghu responsible for adjudication in the early Jin Dynasty,which imitated the Western Han Dynasty.In fact,with the disappearance of Sangong-Shansghu in the late Western Jin Dynasty,a new system emerged in which the Libu-Shangshu concurrently managed prison.In terms of the judicial division mechanism of the Southern Dynasty,Shandinglang-Cao was responsible for revising laws and decrees,Sangonglang-Cao was responsible for adjudication,and Bibulang-Cao was responsible for the custody of the laws.These three institutions and Libulang-Cao who was responsible for selection and appointment of officials were subordinate to Libu-Shansghu.People in the Tang Dynasty also traced the origin of Duguanlang back to Duguan-Congshi in the Han Dynasty,who was a subordinate of Sili-Xiaowei.In the Han Dynasty,Duguan-Congshi was initially closely related to“Zhong Duguan”,which was in the capital and different from the local Duguan institution system.However,since then,the relationship between Duguan-Congshi and Zhong Duguan has been gradually far away.The new organization set up by the Wei Dynasty of the Three Kingdoms and closely related to the military affairs was Duguanlang-Cao,whose duty was obviously different from those of Duguan-Congshi,should not be considered to have a direct hereditary relationship.After the appearance of Duguanlang-Cao,it had a close relationship with the Erqianshilang-Cao,who was responsible for stopping thieves.Until the disappearance of the Erqianshilang-Cao in the Eastern Jin Dynasty,the function of Duguanlang-Cao in charge of military affairs and prisoner management or interrogation was formed,which was inherited by the Southern Dynasty.Duguan-Shangshu first existed in the Xia of the Sixteen Kingdoms period,and then appeared in the Liu Song Dynasty,it was the absorption of the political practice of the northern minority regime by the Southern Dynasties.But this is not recorded in the Song Shu written by Shen Yue.As a new institution,Duguan-Shangshu neither replaced the situation that Libu-Shangshu concurrently managed judicature in Southern Dynasties,nor changed the judical mechanism which in a scattered state since We-Jin period.We need to find a new clue of the transformation from Duguan-Shangshu to Xingbu-Shangshu in the institutional development of late Northern Dynasties.
出处
《厦门大学法律评论》
2022年第1期1-22,共22页
Xiamen University Law Review
基金
中国政法大学青年教师学术创新团队支持计划(19CXTD10,新制度史与古文书学创新团队)的资助
关键词
尚书郎曹
都官尚书
刑部尚书
Shangshulang-Cao
Duguan-Shangshu
Xingbu-Shangshu
