【作者】 王建峰；

【导师】 张金龙；

【作者基本信息】 山东大学 ， 中国古代史， 2007， 博士

【摘要】 刑部作为唐代尚书省六部之一，与大理寺及御史台共称中央三法司。刑部尚书作为刑部的长官，全面负责刑部事务。本文从组织结构、职能、出身、任职、司法素养及与政治的关系诸方面，全面分析唐朝刑部尚书的司法制度和人事制度。第一部分考察唐代刑部的组织结构及刑部长官尚书职权的变化。依据典志的相关记载和学界现有研究成果，考察刑部尚书、侍郎及其所辖四司的制度渊源及在唐初的职官设置情况。刑部职官制度在唐代经历了名称的改易和员额的增减等变化。随着刑部的地位逐渐衰落，刑部尚书多兼任宰相或财政等官职，职繁权重，甚少亲理刑部事务。后期宦官干政时，刑部尚书的人选往往受其操纵。唐代后期通判官侍郎的地位渐趋上升，出现了取代长官职权的趋势。由于刑部尚书的职权渐受侵蚀，刑部尚书已经成为节度使的“回翔之地”和宰相的“序位之官”，甚至成为供年高病重官员栖居的闲散之位。第二、三部分考察唐代刑部尚书的职能。刑部尚书作为刑部长官，担负着重要的司法职责：参与法典的制定与奏改、对受理的申报案件予以复核和驳正、受诏参与重大案件的审理、同刑部侍郎及大理寺卿一起参预吏部对司法官员的选拔任用、出席赦囚大典和献俘大典等。除司法职能外，刑部尚书作为中央高级官员，还可以参议朝政、举荐官员。有些刑部尚书还被选定参预科举选士或官员考绩。由于时局的需要，部分刑部尚书须承担其它特殊任务，或参预军事行动，或兼掌财政事务，或担任留守，或领命出使，不一而足。第四部分探讨唐代刑部尚书的出身问题。从籍贯分布来看，整个唐代主要集中在关内、河南、河北、河东四道，唐代后期江南、淮南所出刑部尚书，都是由北方南迁而后落籍的。从出身阶层来看，他们中绝大多数都出身于地方郡姓，出身地方非郡姓者较少，皇室成员出任刑部尚书的比例也甚小。他们多数由科举入仕，尤以进士和明经两科为主。唐朝虽设置明法科以选拔司法专业人才，刑部尚书却无一人由此科目入仕。第五部分考察刑部尚书的任职状况。其所兼官职，中央官居多，主要是宰相、财政官和留守等，兼任地方官者很少。唐代前期主要迁入官为宰相、三省官员、地方官员和九寺诸卿；中期由地方官属迁入刑部尚书的任数有所增加，又出现了节度使这一新途径；至唐代后期，刑部尚书由节度使迁入者人数大增，同时也成为宰相序位的重要职位。宰相、节度使和地方官属是刑部尚书的三种主要迁出官，迁出为地方官属和节度官属的比例在唐代一直呈增长趋势。其任期近六成不满一年，从整体上来讲，唐代中期任期较前期增长，后期官员任免频繁，刑部尚书任期严重缩短。第六部分考察刑部尚书的司法素养。他们多出身于刑法世家，具有浓重的法学背景。他们的任职履历中，多数曾在中央刑部、大理寺、御史台及地方机构中担任过司法职务，因而饱经司法历练，具备较强的司法实践经验。在通才型官僚体系中，刑部尚书是一个具有较高专业知识要求的职位。浓厚的家学背景和丰富的实践经验是他们出任刑部尚书的优越条件。第七部分考察刑部尚书与唐朝政治的关系。唐朝前期政治革命频繁，后期朋党之争兴起，刑部尚书作为中央的重要文官，每每陷入错综复杂的政坛变局之中，或而得福，或而遭祸。部分刑部尚书的任免与政局变化直接相关。由于个人品德和行政能力诸方面的差异，史官对他们的评价有若天渊。与政治局势的发展变化相适应，刑部尚书的表现往往呈现出阶段性的群体特征。刑部尚书的表现与作为在一定程度上反映了唐朝不同时期的政治形势。更多还原

【Abstract】 As one of the six departments of Shangshu Sheng in the Tang dynasty, Xingbu, with other two central judicial institutions Dalisi and Yushitai were called as three interdependent judicial departments. Xingbu Shangshu, president of Xingbu, was in charge of the universal affairs of this department. This paper studied the system of Xingbu and each aspect of Xingbu Shangshu in the Tang dynasty, and was divided into seven parts:I . On the system of Xingbu and the changes of the duties of Xingbu Shangshu. According to the history books and the research outcomes, this part researched the system origins of Shangshu, Shilang and four subordinate branches and the officials of Xingbu at the beginning of the Tang dynasty. The duty system of Xingbu experienced the changes of the names and the quantities. With the decadence of the importance of Xingbu, Shangshu often took charge of the duties of the prime minister and the finance additionally. The heavy duties made them have few time to deal with the affairs in Xingbu by themselves. To the late Tang dynasty, who should be the Shangshu was decided by eunuchs who were controlling government affairs of the central authority. Authority of Shilang, vice commanding officer expanded gradually. Because of the erosion of the posts and duties of Shangshu, it became a idle post for Jiedushi and Prime Minister, even for the officials who were old or ill.II. and III. On the duties of Xingbu Shangshu in the Tang dynasty. As the president of Xingbu, Shangshu had important responsibilities for the law: to organize and take charge of the establishing and amending the laws and regulations, to recheck and correct the legal cases that had handled by local government and Dalisi, to judge the important cases by the emperor’s edict, to participate in judges’ appointment work in Li department with Shilang of Xingbu and Qing of Dalisi, to present at the rituals of remitting prisoners and contributing captives, etc. In addition of the duties of the law, as one of the superior officials in the central government, Xingbu Shangshu also had to deal with affairs in the central government: offering advices and promoting the officials. Some of them were appointed to hold the examination, to check officials’ political achievements, to be a diplomat, or to be Liushou in charge of all affairs while the emperor left the capital.IV. On the candidates of Xingbu Shangshu. From the aspect of birthplace, most of them were from the four provinces Guannei, Henan, Hebei and Hedong throughout the Tang dynasty. Those Shang Shus who were from the provinces of Jiangnan and Huainan in the late Tang were actually immigrants from the north. Most of them were from distinguished families, and the percentage of the members from the royal court who occupied the post Xingbu Shangshu is very samll. Most of them became government officials through examinations, mainly the subjects of Jinshi and Mingjing. Although there was a subject of Mingfa to select the professional officials of law, none of the Xingbu Shangshu become an official by passing it.V. On the shift of the occupation of Xingbu Shangshu. While the officers often held concurrently those posts in central government, like the prime minister, financial officers and Liushou, the local government posts were seldom held concurrently by them. During the early part of the Tang dynasty, Xingbu Shangshu mainly came from the prime ministers, the officials of the Shangshu Sheng, Zhongshu Sheng and Menxia Sheng, the subordinates of local government officials and Qings of the Nine Si; during the middle part of the Tang dynasty, the quantity from the regional officials was larger and Jiedushi became a new channel; to the late Tang, the quantity from the Jiedushi increased, and the Xingbu Shangshu became the important post to raise Prime Minister’s position. They were usually promoted to be the prime minister, Jiedushi and the local government officials, and the quantity of last two kinds kept increasing throughout the whole dynasty. Nearly 60% of them lasted less than a year on their duties. Generally speaking, it was slightly longer in the middle part than the early part of the Tang dynasty. While at the late Tang dynasty, the appointment of the officials were so frequently that the term of Xingbu Shangshu was shortened deadly.VI. On the Xingbu Shangshu’ qualities of the law. Most of the Xingbu Shangshu were bora of the aristocratic families with acknowledge background of law. During their experiences of officials, most of them occupied the posts of law and had plenty of practices. In the system of all-around officers, the president of Xingbu was a post acquiring high professional knowledge. Therefore, the sound background of law and rich practice on judicial posts were the two essential prerequisites to be the Xingbu Shangshu. VII. On the relationship between the Xingbu Shangshu and the politics of the Tang dynasty. During the early part of the Tang dynasty, the political revolution happened frequently, and during the late part of the Tang dynasty, the conflicts among the different parties rose . Being the important civil officials in the central government, Xingbu Shangshu often became involved in the turbulence of the political situation, either being promoted, or suffering disasters. The appointment of Xingbu Shangshu connected closely with the changes of the political situation. Because of the huge distinctions of the qualities of their characteristics and the abilities of the administration, the evaluation given by historians were different completely. Adapting with the shift of the political situations, the behavior of Xingbu Shangshu usually had a group characteristic. Their behaviors reflected political circumstances of the Tang dynasty.更多还原