著者

上杉 和彦

出版者

公益財団法人史学会

雑誌

史學雜誌 (ISSN:00182478)

巻号頁・発行日

vol.95, no.11, pp.1726-1750, 1828-1829, 1986-11-20

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The final goal of this report is to clarify the conversion of the judicial official function as well. as to identify its causes between the ancient and the medieval ages periods in Japan. Its conclusions run as follows. The main function of judicial officials in the Sekkan Period was to submit names of crimes. A system appeared, in which judicial officials, receiving directions by Imperial command, reported the names of crimes to the Dajohkan. Then, the Jinnosadame decided the names of crimes according to their reports. This means they were the de facto law enforcement agency of the Imperial Administration. Therefore, the government decision of names of crimes required their reports in principle. Another function of judicial officials in this period was to answer legal questions which government agencies asked in order to fulfil their tasks. This second function was gradually expanded to be used by private sectors after the eleventh century. The functions of judicial officials greatly changed in the Insei Period. First, the procedure of submitting names of crimes was gradually formalized. Second, and more importantly, they were coming to have the full-scale function of reporting the merits of lawsuits and disputes. The cause of the latter change is that in this period lawsuits and disputes concerning land beyond the framework of provinces were occurring so frequently. Given that these judicial officials had answered questions on legal principles in the previous period, parties litigant generally came to them for advice. On the basis of this tendency, the Imperial Administration put the reporting function of judicial officials into the national system of lawsuits decisions. Each man of power did the same. This brought about the direct rule of court nobles in the Insei period over the function of judicial officials as law enforcement agencies ; and moreover, accelerated the establishment of the lawsuit decision system, that is, the establishment of the Kirokujo on a larger scale. The Kirokujo was founded as the organization which gathered working officials, including judicial officials who functioned as judicial officials. When we see the Kirokujo and its successor, Fudono, as located in the center of the medieval aristocratic lawsuit system, the reorganization of judicial officials must be assessed as its very beginning.