宋代检校制度的弊端与改进

Disadvantages and Improvements of the Property Distribution System in the Song Dynasty

摘要: 由官府介入厘清监管财产、确保孤幼等弱势群体财产继承权实现的检校制度在两宋时期得到重视。朝廷制定了大量的法令来修改完善检校制度。但检校制度在实施过程中仍然暴露出州县侵用财产、宗室及囚牙讼师干扰检校等弊端。朝廷与地方官府试图通过制订修改法令、扩大财产的分割群体以均衡多方利益和依法科刑、以理晓人等举措来解决所出现的问题。检校制度虽然存在一定的弊端，但它在对保护孤幼利益、维护经济秩序等方面仍有一定的积极作用。

Abstract: In the two Song Dynasties, the government intervened to clarify and supervise property and en-sure the inheritance rights of vulnerable groups such as the orphans and children. The court made a large number of laws to modify and improve the property distribution system. However, in the course of the implementation of the system, some drawbacks such as the embezzlement by state and county officials, the interference of the family and the criminal litigator were still exposed. The imperial court and the local government tried to solve the problems by making and revising laws, expanding the property division group to balance the interests of multiple parties, applying punishment according to law, and convincing the public. Although the property distribution inspection system has some drawbacks, it still plays a positive role in protecting the interests of orphans and children and maintaining economic order.