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中国法制史源远流长,到宋朝达到了中国古代法制建设的最高峰。但就是在宋朝也始终存在着法律诚信缺失、司法不公的现象。究其原因主要有:在中国古代传统社会,法只不过是拥有无限权力的皇帝统治臣民的工具,皇帝可以因时因地因人而随意颁布或变更法律。具体到宋朝,由于皇权的随意更改法条和滥用赦免权,士大夫党争的激烈,权臣的恃权弄法,严重损害着立法的诚信;在司法领域,由于各级官府及其众多的官吏,或观望上司,或恃法索贿,视法律为虚文,违法刑讯、枉法曲断现象有禁不止。更有甚者,为缓解地方财政压力或中饱官吏私囊,地方官员和胥吏将审案断狱当成敛财的良机,不问是非曲直,一味借机敛财。而负有监察之责的御史、监司不仅没有发挥应有的监察职责,反而不法不义更甚于州县。在这样的社会环境下,迷信权力,无视法律,有实力的官宦、胥吏、豪右、富民等往往请嘱公事,贿赂公行,玩法害民;而普通百姓要么有冤无处诉、祈盼青天大老爷,要么挺而走险,以暴抗暴。
The history of Chinese legal history has a long history and reached the peak of the legal construction in ancient China by the Song Dynasty. However, there was always the absence of legal integrity and unfair judiciary in Song Dynasty. The main reasons are as follows. In ancient Chinese traditional society, the law was nothing more than a tool for the emperor to rule the people with unlimited power. The emperor could promulgate or change the law arbitrarily because of circumstances. Specific to the Song Dynasty, due to the imperial power’s arbitrary changes to the law and the abuse of pardon, the fierce struggle of the scholar-generals and the exercise of the powers of the court officials severely undermine the integrity of the legislation. In the field of justice, since all levels of government and their numerous officials, Wait and see boss, or rely on law bribery, depending on the law for the text, illegal torture, perverting the law off the curve more than ban. What is more, in order to alleviate the pressure of local government or officials who are full of officials and officials, local officials and clerks will try to break the prison as an opportunity to get rich, without any doubt, blindly take the opportunity to make money. The Censor, who has the responsibility of supervising, not only failed to exert its due supervision responsibility, but was even more unlawful and unruly than the state. In such a social environment, superstition, ignorance of the law, powerful officials, clerks, mercenary, and people often ask for official advice, bribe publicity and play to victimize the public. Grand Master, either quite adventure, to violent violence.