唐代刑部尚书的法学素养
王建峰
摘要:唐代可考的127位刑部尚书中,没有一人出身于科举明法科。但是,未经受律学馆的专门教育,并不一定意味着该群体法学素养缺失或者低下。他们多出身于刑法世家,由于家学熏陶与环境影响,可以受到法学知识的长期浸润;仕途履历中又多曾在刑部、大理寺和御史台等机构任职,经历司法实践历练,具备丰富的司法经验。对朝廷法典的制定和不断完善作出了实际贡献,并且不惜犯颜执法,为维护法典实施的严格公正竭尽全力。为官清正严明、秉公执法,具有良好的禀性操守和突出的任职表现。刑部尚书这一群体法学素养较高,表明唐代官员选任时对担任司法职务者的专业素养颇为重视。
The Legal Accomplishment of Ministers of Justice in the Tang Dynasty
Wang Jianfeng
Among the recorded 127 Ministers of Justice in the Tang Dynasty, none of them came from the Legal Examination, but that did not mean the group was lack of or only owned low legal accomplishment without receiving specialized education of the Law School. Many of them came from a family of law which allowed long-term infiltration of legal knowledge, and once held a post in institutions such as the Ministry of Justice, the Court of Judicial Review, the Censorate, and so on, where they got rich judicial experiences through practice. They contributed to the codification and perfection of court codes, and made effort to safeguard the justice and implementation of the code, even confronting the emperor. They were honest and clean, and could enforce the law impartially, showing good professional ethics and outstanding performance. The high legal accomplishment of the group indicated that in the Tang Dynasty, professionalism was highly regarded in the selection of judicial officials.