在目前的法律史著述中,在评价中国法史中宋代历史地位时,鞫谳分司制度的分权特色和民事法条规定的详备是必然提及的重要佐证。有相当多学者据此认为宋代达到了中国司法制度的最高峰,因而更加高调地肯定了鞫谳分司制度的历史进步性。但是,细究鞫谳分司制度,则不免使学者产生疑问:这样重要的制度,为何在官方文件中缺少规定,却在宋代立 In the current writings of legal history, in the evaluation of the historical status of Chinese legal history in the Song Dynasty, the decentralization features of the system and the detailed provisions of the civil law are important evidences that must be mentioned. According to this, quite a few scholars think that the Song Dynasty reached the highest peak of the Chinese judiciary system, thus affirming the historical progress of the system of Shanspeitan in a more high-profile manner. However, careful examination of the system of subordinate divisions can not help but question the scholars: why such an important system is lacking in provisions in official documents but in the Song Dynasty