摘要: 有关先秦时代的司寇,法律史学界多依据《尚书》、《周礼》等传世文献的记载将其视为专职司法官员。事实上,揆诸周代青铜器铭文,西周时期的司寇只是一种职事而非职官。其成为职官当在西周晚期。至春秋时期,司寇一直以职官的形象存在,但其职能却超出了其字面职能的拘囿并进入司法领域。至战国年代,由于战国在历史风貌上与作为西周之延续的春秋截然不同,战国儒家试图实现官僚制与西周政制对接的设想或多或少地偏离了西周政制的原貌。司寇就是在这种情况下成为《周礼·秋官》所描绘的专职司法官员的。由此可见,司寇在先秦的演变过程其实就是先秦国家形态与治理模式之变迁的缩影。
关键词:
司寇,
职事,
职官,
官僚制
Abstract: The legal historians usually holds that the sikou of preiod period is a specific judicial officeraccording to the words of the literatures, such as the Document and the Rite of Zhou etc. In fact, the script carved in the bronzes reveals that the sikou of Western Zhou dynasty was just an affair but not a title of officer, and it was the late time of Western Zhou when sikou became a title of officer. During the Spring and Autumn, the sikou existed as an officer at all times, but its function broke out the limitation of its function deriving from the meaning of its characters and penetrated into judiciary. During the Warring State, the bureaucracy progressively thrived. Therefore, the Confucians of the Warring State wanted to connect governmental System of Western Zhou to the bureaucracy. But, to the historical appearance, the Warring State was evidently different to the Spring and Autumn which was the successor of Western Zhou, so more or less the assumption of the Confucians in the State departed from the original feature of the governmental System of Westeren Zhou. And, it was just under this circumstance, sikou became a specific judicial officer delineated by Qiu Guan of the Rite of Zhou. So, we can see that the evolution of sikou was the epitome of the changing of the form of the state and the mode of ruling in the period of pre-Qin.
Key words:
Sikou,
Function,
Title of An Officer,
Bureaucracy
朱腾. 也论先秦时代的司寇[J]. 法学家, 2015(2): 155-165.
ZHU Teng. Rethinking on Sikou of Pre-Qin Period[J]. , 2015(2): 155-165.