论高丽对唐地方司法制度的变异

Abstract:The Tang Dynasty was a centralized system with strong imperial power，while Koryo was an aristocratic society. The township officials in Koryo were powerful. The system of private trial appeared，this was due to the institutionalization of local power in the early Koryo period. At the state level，Koryo transplanted the local system of the Tang Dynasty，in which，administration and justice are combined. But in the system of power operation，especially in the setting of the judicial power of the officials below the judge，the fourth class official system of Koryo had great variations on the Tang system. Different from the local judicature in Tang Dynasty，the judicial power of Koryo was mainly exercised by the “Silu” and “Facao”. Although the county-level regime in Koryo adopted the system of the Tang Dynasty，in which，administration and justice are combined，and the county magistrate was the highest judicial official of a county，but it’s county-level regime structure was extremely simple，with only one county magistrate or supervisor. The judicial power of the county magistrate was smaller than that of the Tang Dynasty，and it was actually a dispatched agency of the state. In a county，the general judicial proceedings were not through the government，but by the local aristocracy power to solve. In short，due to the influence of the specific social structure and power structure of the country，Koryo had great variations on the local judicial system of the Tang Dynasty.

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