论宋代民间诉讼的保障与局限  

On the Guarantees and Constrictions over Civil Accusations in Song Dynasty

作　　者：赵旭[1] 

机构地区：[1]东北师范大学历史文化学院,吉林长春130024

出　　处：《史学月刊》2005年第5期36-42,共7页Journal of Historical Science

摘　　要：宋代是诉讼制度大发展的时代,其突出表现是越诉和直诉制度的完备。这些制度无疑为民间诉讼的发展提供了制度保证,但由于官僚政治内在的弱点以及贱讼思想的一贯存在,越诉和直诉制度在执行中尚存在种种弊端。另一方面,由于宋代家法的复苏并呈现出新的聚居特点,家法对诉讼的消弭作用也在不断增强。尽管宋代民间诉讼虽出现了以江西为核心的南方地区多讼和讼学不断发展的现象,但在国法和家法的双重压力下,其发展受到重重限制。The Song Dynasty was an era when accusatory constitutions were greatly developed, the striking manifestation of which was the improvement of bypassing-grade and direct-to-the-emperor accusatory constitutions. This evidently had provided some constitutional guarantees for the civil accusations, however, it had many maladies during the course of its implementation due to the inherent drawbacks of the bureaucratic systems and the traditional ideas of “despising accusations” . On the other hand, familial disciplines had a certain prevention of civil accusations due to the revival of familial disciplines with new features of living together in Song Dynasty. Meanwhile, the phenomena of constant accusations and accusatory school had developed greatly in South China with Jiangxi region as the nucleus ,but they suffered many constrictions under the double oppressions from both the government and the families.

关 键 词：越诉 直诉 家法 弭讼 讼学 

分 类 号：K244[历史地理—历史学] D929[历史地理—中国史]