唐代拟判背后的选官文化与法律意识

The Culture of Official Selection and Legal Consciousness behind Simulated Judgments in the Tang Dynasty

摘要: 判是古代的一类司法文书，除了司法审判中产生的实判，唐代司法、文学与选官制度的发达还造就了拟判的繁荣。本文在梳理判文发展历史流变的基础上，以白居易《百道判》为研究对象，分析拟判在文本与思想上的特点，探究拟判背后唐代的社会法律意识、儒法关系以及选官标准，从多个角度挖掘唐代拟判的历史价值。

Abstract: Pan was a type of judicial document in ancient times. In addition to the practical judgments produced in judicial trials, the development of the Tang Dynasty’s judicial system, literature, and official selection system also gave rise to the prosperity of simulated judgments (ni pan). Based on an overview of the historical evolution of judgment documents, this paper takes Bai Juyi’s “One Hundred Simulated Judgments” as the research subject. It analyzes the textual and ideological characteristics of simulated judgments, explores the social legal consciousness, the relationship between Confucianism and law, and the criteria for official selection reflected in them. Furthermore, it delves into the historical value of simulated judgments in the Tang Dynasty from multiple perspectives.