汉代司法官吏管理制度

汉代没有专门司法官吏选拔制度,被选任的普通官吏因明了法律或处事公道才能被任命为司法官吏。汉代有较为完善的司法官吏考核制度,它既包括对兼具司法职能的州牧、郡守、县令、长的司法绩效考核,又包括对专职司法官吏御史大夫、侍御史、廷尉等的考核;司法责任的主体是享有司法职能的司法官吏,承担责任的原则有过错责任原则、无过错责任原则和连带责任原则;责任的种类有鞫狱故纵、鞫狱不直、鞫狱不实、受赇枉法和失刑;责任的形式有死刑、赎死、免官、贬秩、徒刑和罚金。

The Administrative System on the Judicial Officer in Han Dynasty

On choosing judicial officer,there was no special choosing system on judicial officer in Han Dynasty.Some of the chosen common official who knew law or did things impartially can be appointed as judicial officer.On examining judicial officers there was a better examining system on judicial officer,which included both the head of Zhou district,the head of Jun district and county magistrate who had judicial power besides administrative power and full time judicial officers such as Yushidaifu,Shiyushi,Tingwei.The judicial liability subjects primarily were the judicial officials who had judicial power;the principles that judicial officials bore legal liability were liability for wrongs,no-fault liability and joint liability;there were such kinds of liabilities as giving free suspected offender during hearing and deciding a case,partially hearing and deciding a case,not tally with facts during hearing and deciding a case,intentionally misapply the law after accepting a bribe and negligently hearing and deciding a case;there were such forms of liabilities as capital punishment,exempted from capital punishment through giving money,removed from office,reduced to a lower rank in an official＇s salary,imprisonment and fine.