【作者】 王群；

【导师】 林明；

【作者基本信息】 山东大学 ， 法律硕士（专业学位）， 2016， 硕士

【摘要】 法律是最低限度的道德,法律的运用主要体现在司法审判之中,而证据的获取是司法审判的关键环节,证据是否确实充分更是关乎诉讼双方的切身利益。早在尧舜禹时期,中国就产生了诉讼现象,由此也开始了漫长的司法制度的形成演变过程。宋代是中国封建社会发展的高峰,这一时期政治温和开明,经济高度发展,阶级结构发生了变化,统治者十分重视法制建设,同时其科技文化等方面也取得了许多成就,张择端的《清明上河图》就详细地描述了当时的社会盛况。与此同时,中国古代司法制度一直在不断地发展进步,到宋代时中国封建社会的法制建设达到高峰,特别是其证据制度取得了长足的发展进步,在发展过程中呈现出新的特点,充分体现了统治者良好的法律素养和浓重的人文情怀。基于上文所述,此文将研究重点放在宋代。文章第一部分先是对宋之前及宋代的证据制度进行了纵向的综述；第二部分从政治、经济、制度、文化、科技五个方面分析了宋代证据制度发展的背景：第三部分详细阐述了宋代的五种证据类型,其书证种类增加了契据、遗嘱和官府账簿等,其法医学的发展也使得现场的检查勘验笔录更加准确详细；第四部分分析了宋代证据制度的特点,如注重保护证人权益、限制刑讯的使用等；第五部分着重延伸了在证据制度影响下所产生的司法审判方式的一系列变革,如鞫谳分司、翻异别勘等,这些改革在中国司法制度史上堪称是浓墨重彩的一笔。宋代的证据制度的很多内容对当今社会也有很多借鉴意义和参考价值。更多还原

【Abstract】 Law is the lowest morality, and the usage of laws is mainly embodied in the trials, while the obtain of evidence is the key of the trials, besides, whether the evidence is sufficient or not is concerned with the vital interests of the two parties. Traced back to the dynasty of Yao and Shun, the phenomenon of litigation had already come into being, since then, the long period of evolution on the legal system had begun.The development of society had reached the peak of ancient times in Song dynasty. During this period, the politics was moderate and open-minded; the economy was highly developed; the class structure had changed; the governors paid great attention on the legal system; while technology, culture and other aspects had also made great progress. The drawing of "Riverside Scene at Qingming Festival" that drawn by Zhang Zeduan had described the circumstances of that period. At the same time, the legal institution had been developing and stepping forward all the time, as the result, the development of legal institution had reached the peak of ancient times in Song dynasty, especially its evidence system, which had made great progress and presented lots of new characteristics. While it also reflected the fine legal literacy and thick humanism.Because of the preceding part, this paper focuses on Song dynasty. The first part of this paper gives a longitudinal summarization of evidence system of ancient times, the second part analyses its evidence system from five aspects, such as politics, economy, system, culture and technology. The third part describes five types of evidence in great detail, for example, the documentary evidence was enriched by contracts, wills, official account books and so on. Especially, the development of forensic science made the system of check and inquest more accurate. The fourth part concludes the characteristics of Song’s evidence system, for example, it paid more attention to protect the witness and also limited the usage of torture. The fifth part summarizes a series of reformation of ways of trials that came into existence under the influence of evidence system, for example, the power of accepting and judging the cases had been endowed to two different judicial organs, another example, it transferred the cases to anther same level judicial organs even a superior one. In a manner of speaking, these reformations had produced important influence on the judicial system of China. The content of Song’s evidence system has enormous reference value to contemporary society.更多还原