作者 欧阳辉
微信公众号法检人生
中华浩瀚的历史长河中,流淌着许多神话传说,相传盘古开天辟地后,女娲以泥土仿照自己抟土造人,创造并构建了人类社会。从人类诞生的那一刻开始,有人在的地方就有江湖,有江湖的地方就有纷争.“法”是传说中古代的一种神兽,又唤獬豸,样子与山羊相似,头上有一只角,性情凶猛,疾恶如仇,能够明察真伪。“法”遇人相斗,就用角去冲撞亏理的一方,见人相争,则用嘴咬错误的一方。尧在位时请皋陶做大理,主管狱讼刑罚,皋陶用独角兽獬豸治狱,这就是“司法鼻祖”的传说。
中国古代法律的起源一说刑起于兵,刑法和刑罚都起源于战争,司法官也起源于战争,称司寇、士师、廷尉。大理寺正式得名于北齐,是掌管刑狱的中央国家机构,为后世历朝相沿不改。明代审判机关合称“三法司”,即刑部、大理寺、都察院。清代承袭明代三法司体制,清末刑部更名为法部,大理寺更名为大理院,民国时期改大理院为法院。新中国成立后,国家一切权利属于人民,法院代表人民行使审判权,称为人民法院。
Ouyang Hui, Author of "Court Life"
Wedge
In the vast history of China, there are many myths and legends flowing. It is said that after Pangu created the world, Nuwa created and constructed human society by imitating his own earth. From the moment when human beings were born, there were rivers and lakes where there were people, and disputes where there were rivers and lakes. "Fa" is a legendary ancient mythical beast, also called mongoose, similar to goat in appearance, with a horn on its head, fierce temperament, hatred like hatred, and ability to see the truth and falsehood. [Dharma] When people fight each other, they use their horns to collide with the wrong party. When they see people fighting each other, they use their mouths to bite the wrong party. When Yao was in office, Hao Tao was invited to be Dali and was in charge of prison litigation and punishment. Hao Tao used unicorns to treat prison. This is the legend of "the originator of justice".
The origin of ancient Chinese law is that punishment originated from soldiers, criminal law and punishment both originated from war, and judicial officers also originated from war, called Sikou, Judge and Tingwei. Dali Temple, officially named after Beiqi, is the central state institution in charge of criminal prisons and will not change for later generations. The judicial organs in the Ming Dynasty were collectively called the "Three Law Departments", namely, the Criminal Department, Dali Temple and Douchayuan. The Qing Dynasty inherited the system of three legal departments in the Ming Dynasty. At the end of the Qing Dynasty, the Criminal Department was renamed the Legal Department, Dali Temple was renamed the Dali Court, and Dali Court was renamed the Court during the Republic of China. After the founding of New China, all the rights of the state belong to the people, and the courts exercise judicial power on behalf of the people and are called people's courts.