- 著者
-
増渕 徹
- 出版者
- 公益財団法人 史学会
- 雑誌
- 史学雑誌 (ISSN:00182478)
- 巻号頁・発行日
- vol.95, no.4, pp.474-501,591-58, 1986
Kageyushi-kanpan-sho 勘解由使勘判抄 (a selection from the judical precedents of Kageyushi) is practically the only historical text that embodies activities of inspectors charged with investigation of governmental transitions (Kageyushi 勘解由使) in the first half of the 10th century, and is one of the important selections of legal precedents during the Fujiwara regency government (Sekkan seiji 摂関政治) period in Japan. The main purpose of this article is to criticize Kageyushi-kanpan-sho historically in order to identify changes in the political system of this period and to grasp some idea of the characteristics of the Sekkan government system, by pursuing the consistent principle in judgements (Kageyushi-kanpan 勘解由使勘判) on non-issuance of proof of Smooth transition (fuyogeyujo 不与解由状), by searching out changes in their logic and by tracing the process of Kageyushi-kanpan-sho compilation. The consistent principle of Kageyushi-kanpan is that theft and fraud by government officials (mainly provincial governors -zuryo 受領) is constituted by two factors -false testimony (mujitsu 無実) and unclearness as to the cause of loss. In all cases of actual commission of theft/fraud compensation will be paid in accordance with the criminal law (ritsu 律), and in cases of negligence of duty compensation only will be rendered. The focus of judgements was placed on how to interpret the statements made by outgoing and incoming officials (mainly zuryo) in connection with fuyogeyujo, and whether the so convicted outgoing official should be granted an amnesty or not. But while the aforesaid principles of judgement to be made by Kageyushi remained unchanged, after the late Engi era the logic of actual judgements began to change arbitrarily even though they were in accordance with administrative transition regulations (kotaishiki 交替式), administrative regulations (kyaku 格), and criminal law (ritsu 律). Also, in this period, judgement-operations of Kageyushi began to be remarkably delayed, and the function of Kageyushi began to decline in the midst of political change characterized by a decline in the leadership of Emperor Daigo and the subsequent seizure of power by Fujiwara Tadahira in the later years of the Engi era. One of the political features of Fujiwara Tadahira's regime was the creation of private connections with zuryo by taking advantage of the existing administrative code system. Such a method was necessary for sublating a private connection into an official one. But since such connections were established not on the basis of a new system but on the basis of the existing system, there was a limit to such a privatization. In Fujiwara Tadahira's regime the function of Kageyushi made a remarkable change. By the Imperial command (senji 宣旨) under the date of Tengyo 天慶8. 正.8, Kageyushi started to take part directly in provincial government efficiency-ratings (zuryo-koka 受領功過) by drawing up documents on the basis of fuyogeyujo. Together with the change in function from the inspection of official transitions to efficiency-rating, Kageyushi-kanpan-sho was also compiled. In compiling Kageyushi-kanpan-sho, each precedent was extracted from the official documents preserved in Kageyushi's office (choan 長案). According to circumstances, some governmental directives (senji and kanpu) were quoted for pointing out clearly the legal grounds for the judgement of Kageyushi. Criterion-examples derived deductively from the administrative transition regulations were arranged, and a device to show the settled interrelation between the kind of amnesty and the judgement was invented. All these things contributed to giving it a character worthy of the name a selection of precedents. Compiling such a selection, however, meant that not only the formalization of control over zuryo but also the nature of the relation between the central government and the local gevernment by zuryo was settled.