The Tang Dynasty is our great historical period, and what we have done is very admirable, and there are even many places worthy of modern reference. At that time, he was a world leader.
First, the central judicial organs and officials
(1) Dali Temple
Dali Temple is the highest judicial organ in the central government, in charge of and hearing the cases of more than 100 central officials and Beijing Normal University. The sentences for the above acts and vagrants should be sent to the punishment department for review; After the death penalty case is decided, the emperor's ruling must be summoned directly to take effect. At the same time, it has the right to retry the local death penalty mystery transferred by the Ministry of Justice.
The official of Dali Temple, "The Book of the New Tang Dynasty Guan Baizhi", said: "Dali Temple is one person, from the third grade; The two of them, Shao Qing, from the fifth grade, handed over to the prison for a detailed punishment. " There are: Dali is 2 people, starting from the fifth grade; Cheng six people, from six products; There are 6 people in Dali, from Liupin; Judging 20 people from eight products; The main thin 2 people, from seven products; There are four prisoners, from the ninth grade; There are 2 clerks, 28 yamen, 56 ministers, 6 supervisors, 4 pavilion directors, 65,438+08 clerks, 65,438+000 interrogators and more than 200 other officials.
(2) Punishment Department
As one of the six subordinate departments of Shangshu Province, the Ministry of Punishment was the highest judicial administrative organ in the Tang Dynasty. In addition to being in charge of judicial and administrative affairs, he also participated in higher judicial power than Dali. The specific responsibility is to review cases of exile below Dali Temple and cases of imprisonment in counties and counties. If doubts are found in the review, the following refugee cases can be refuted by the original trial organ or changed by themselves, while the death penalty cases are handed over to Dali Temple for retrial and submitted to the emperor for approval. Officially compiled, "A Record of Guan Bai in the New Tang Dynasty" contains: "There is one minister in the Ministry of Punishment, which is three products; An assistant minister, just four products. In charge of laws, criminal laws, disciples and policies prohibited by the authorities. " It can be seen that Shangshu and Assistant Minister are the chief officials of the punishments department, which consists of four divisions: punishments department, metropolitan government department, Bibi department and Simen department. The Ministry of Punishment has a high authority and a large number of personnel, with Langzhong and Yuanwailang as the main officials, as well as experts, such as the history of order, the history of books, Tingchang and Zhanggu. The main officials in the lawsuit are all officials, such as Langzhong and Yuanwailang, as well as officials in charge, your history, book history and Zhanggu. Bibi Department is mainly composed of Bibi Langzhong and Yuanwailang, and consists of officials such as principal, commander-in-chief, secretary, planner and palm. The main officials of this department are Si Men Lang Zhong and Yuan Wailang, and the subordinate officials are the principal, the history of the order, the history of the book, Zhang Gu and so on.
(3) Jade platform
Yushitai is the highest supervisory organ of the central government. It began in Qin and Han Dynasties. Because the ruling group in Li Tang attaches great importance to "ruling the world by law, especially constitutional officials", the supervision organization and system of Yushitai are relatively complete.
In the Tang Dynasty, the three central judicial organs usually performed their respective duties. In case of particularly serious cases, the highest judicial organization must be composed of the minister of Dali Temple, the minister of punishments and Yu Shicheng, which is called the "three-division trial" system. If there are differences during the trial, the emperor's ruling will be broadcast. In addition, if there are major local cases that are inconvenient to be sent to the central government for trial, the central government will send an imperial supervisor, and officials such as Yuan Wailang of the Ministry of Punishment, the secretary of Dali Temple and judges will serve as "small three secretaries" to try on their behalf. Sometimes it's from the province. In Zhongshu Province, the Secretary of Zhongshu, Shi Yu of Yushitai and * * * form a special court to hear so-called cases of rehabilitation, which is called "Little Three Division".
Second, local justice and officials.
(1) status
Zhou was a local administrative organ and judicial organ in the Tang Dynasty. There are qi zhou, Huazhou, Tongzhou, Jingzhaofu, Binzhou, Jingzhou, Longzhou, Suizhou, Yanzhou, Qingzhou and Zhangzhou in Shaanxi today.
The State Secretariat has 1 person to review grievances and hear prison proceedings. States are divided into Shangzhou, Zhongzhou and Zhou Xia. History of Shangzhou (Shangzhou with more than 40,000 households) 1 person, from grade three. There are two officers and four families who joined the army, from seven grades. There are three assistants, seven historians and two judicial and military officials, from grade seven. Assist 4 people and history 6 people; Zhongzhou (more than 30,000 households) history 1 person, in the fourth grade. There are 1 officials, officials, households and military personnel, which are divided into eight categories. There are three assistants and five historians. The judicial army has 1 person, below the eighth bid, and is also responsible for the affairs of judges. With 3 people and 6 people in history; Zhou Xia (less than 30,000 households) 1 person, which is the fourth grade. There are 1 officers attached to the military, and they are also in charge of military affairs. There are 2 assistants, 5 histories, 1 account. The judicial army has 1 person and is also responsible for the affairs of judges from eight aspects. There are two assistants and four historians.
Thorn history is responsible for the administration and justice of a country. Our family joined the army to accept civil cases. According to "Six Classics of Tang Dynasty" for thirty years: "Dissecting civil litigation. If a man marries a woman, they must argue about their surnames in order to infringe them. When the interests of oil wells and oil fields are appropriate, they must stop disputes to comply with these interests. " Judicial participation in the army (also known as French participation in the army) accepts criminal cases. "Six Classics of the Tang Dynasty" has a volume of thirty years: "Facao joined the army judicially, took charge of laws, decrees, forms and prison sentences, supervised the arrest of thieves, corrected traitors' false and wrongful cases, investigated their false feelings and controlled their grammar. Forgiveness is heavier and punishment is lighter. Let people know the crime of avoiding. " This has the meaning of separation of civil and criminal punishment. Of course, there are many officials involved in the trial of litigation cases.
(2) county
County is the local grass-roots administrative organ and judicial organ in Tang Dynasty.
A county has a county magistrate (chief) who is responsible for the administration and justice of a county, and several subordinate officials are responsible for prison proceedings. Counties in the Tang Dynasty were divided into Jingxian County, Jixian County and Tianxia County. "Six Classics of the Tang Dynasty", a thirty-year volume, said: "As the magistrate of counties and counties in the world such as Gyeonggi, ... I investigate grievances, personally participate in prison proceedings, and understand the sufferings of the people. ..... The merits of the lawsuit must be reasonable ... "According to" Official II of Old Tang Dynasty ","Every county in Sandu is called Jingjun (within the capital), outside Jixian (outside the capital), and there are eighty-five counties (such as Huayang, Heyang and Zheng). ). The rest are more than 6,000 households in Shangxian County, more than 2,000 households in Zhongxian County, more than 0/000 households in Zhongxiao County and less than 0/000 households in Xiaxian County. Hundreds of households are the interior, and Wuli is the hometown. The city and counties in Beijing are divided into squares and the suburbs are villages. Li, Fang and the people in the village are all active in order to serve as inspectors. Four neighbors, five neighbors are safe, and they are forbidden for a long time. " Li Zhengzheng was a grass-roots unit that accepted people's lawsuits in the Tang Dynasty, but it was limited to civil disputes. Li Zhengzheng has no jurisdiction over criminal proceedings, and it must be reported to the county magistrate for trial.
(3) Government
Fu is another name for the state, located in DuDu and DuDu. The "three capitals" in the Tang Dynasty were Jingzhao, Henan and Taiyuan. Chang 'an, the capital of Beijing, has the most important position. The so-called "Jing Tian Xia" is regarded as a model for the whole country. Every family has a shepherd, from the second product; Yin is a person, from the three products. "Su Qing Ji Guo, evaluate the responsibilities of officials, ... imprison prisoners, be widowed, read Ding Kou, feel people's sufferings ... are not filial and do not abide by rules and regulations, and all will be corrected and brought to justice. ..... It is greedy, flattering, seeking fame and reputation, bending the law, and wants to examine it; ..... If the prison lawsuit is abandoned, Jia Bing will be sent. " There are two enlisted officials who are in the seventh grade; Hu Cao joined the army for 2 people, less than seven products; French Cao Can has 2 military talents, with less than seven items; Eighteen prisoners; Ask 18, etc.
(4) Doudufu and Doudufu
In the Tang Dynasty, there were two states in the northwest and northeast border areas, and their judicial management institutions were roughly equivalent to the state system.
Doudufu is divided into three classes: large, medium and lower. According to "Wen Tong Kao" Volume 60 Official Kao 15: "In the fifth year of Tang Wude, Luo Jing and Wu Zhou were the governor's office; In seven years, the Governor's Office was changed to the Governor's Office. At the beginning of Tai Chi, Jingyang was the four county chiefs, and Karoku was the Five Horses in the 17th year of Kaiyuan. The rest of the governors are designated as upper, middle and lower (the upper governors are five, the middle governors are thirteen and the lower governors are sixteen). " According to "Six Classics of the Tang Dynasty" for thirty years: "The Governor of the Metropolitan Government is 65,438 +0, from the second class; Long history 1 person, from three products. " "In the viceroy, viceroy, 1 person, is the doctrine. Don't open one person, just four products. " Xia Dufu and Zhong Dufu are the same.
Duhufu: According to the general examination literature, "After the four capitals of Anton, Anxi, Annan and Anbei were set up in the border area, Tang Yonghui added the capital of Beiting." The Six Classics of Tang Dynasty said: "Most prefects guaranteed 65,438 +0 people, recorded 65,438 +0 people to join the army, Hu Cao joined the army 65,438 +0 people, and Fa Cao joined the army 65,438 +0 people."
note:
Qi zhou unified Fufeng, Meimei, Pujian and Linyou counties.
Huazhou unified Zheng, Huayin and Xiaao counties.
There are six counties in the same state: Fengyi, Heyang, Baishui, Chengcheng, Hancheng and xia yang.
Binzhou unified Xinping, Sanshui, Yongshou and Lu Yi counties.
Jingzhou unified the five counties of Anding, Lingtai, Liangyuan, Lin Jing and Yuanpan.
Longzhou County consists of five counties: Qianyuan, Qianyang, Nanyou, Wushan and Huating.
Jingzhaofu Tongwannian, Chang 'an, Lantian, Weinan, Sanyuan, Fuping, Liyang, Xianyang, Gaoling, Jingyang, Yunyang, Xingping, Hu, Wugong, Zhouzhi, Fengxian, Fengtian, Huayuan, Meiyuan and Tongguan.