论文部分内容阅读
录囚制度是我国封建社会时期的一种司法监督制度。它自西汉创建以来,被以后各朝沿袭,并不断发展完善,在各朝统治中曾发挥了重要作用。录囚制度经过演变,及至明朝,演变为会官审录,其名称虽有变化,形式也有革新,但其本质并未发生改变。录囚是本着“恤刑”的原则,与儒家的“仁恕”思想不谋而合。该制度不仅有效巩固了封建法律秩序,在古代司法制度的发展完善中起了推动作用,而且对当今我国当前的司法审判工作和司法管理工作仍有着重要的借鉴意义。
The record-keeping system is a kind of judicial supervision system during the feudal society in our country. Since the establishment of the Western Han Dynasty, it has been followed by all the North Koreans since its establishment and has been constantly developed and perfected. It played an important role in the reign of the DPRK. After the system of record-taking was evolved and reached the Ming dynasty, it evolved into a conference-cum-trial review. Although its name has changed and its form has been innovated, its essence has not changed. Recorded prisoners are based on the principle of “torture” and coincide with the Confucian “forgiveness”. The system has not only effectively consolidated the feudal legal order, but also played a catalytic role in the development and improvement of the ancient judicial system, and still has important reference to the current judicial adjudication and judicial administration in our country today.