本文主要透過《折獄龜鑑》的一例「趙和斷錢」為論述主軸,分析幾個唐代司法審判的問題,可分為四大面向:一為越訴,在司法層級上的訴訟方面,探討唐代的相關規定與實際運作狀況。二為契約文書的法律效力,當雙方權益產生糾紛之時,地方官如何取證。三為緝捕與傳訊,對於「越境而訴」的狀況,緝捕者所運用的傳訊技巧與法規。四為唐代司法官員在法律問答與審判過程中,所呈現的問答技巧與邏輯推理。此外,本文亦希望在「法律、人民、官府」此互動模式中,重新審視中古時期官府法律的制定、法律知識傳播、人民與地方官的回應等三面向,並藉此分析法律對於社會秩序的影響,以及唐代糾紛訴訟的相關課題。

This article mainly analyzes several justice issues in Tang through ” Zhao-Han resolving the dispute about money” (Zhao-Han Duan Qian 趙和斷錢) in the Collection of judging lawsuits (Zhe Yu Gui Jian 折 獄龜鑑). These issues can be divided into four dimensions: First, through the case, to consider some relational regulations and the actual operational situation in the Tang Dynasty. Second, concerns the legal validity of written contracts - how local law executors resolve the complications through such contracts or testimonies when two parties conflict. Third, concerns the methods of communication used by law enforcers for arresting and summoning someone for interrogation in the situation of where the convict has “crossed the region about litigation” (越境而訴). Fourth considers the questioning techniques and logical thinking applied during the questioning and trial in the Tang Dynasty. In addition, this article also focuses on the interactions between "law, citizens and government" to reconsider the law system of the Middle Ages, the distribution of knowledge of the law and the responses between the local governments and their people. Through these three points, the article will also analyzes the effects law had on the order of society and also analyzes some topics related to lawsuits in the Tang Dynasty.

唐代；司法審判；唐律；折獄龜鑑；法律知識

Tang Dynasty; Justice; The statutes of Tang Dynasty (Tang Lu 唐律); Collection of judging lawsuits (Zhe Yu Gui Jian《折獄龜鑑》); Legal knowledge; Contract; Debit and credit sides