律令断罪官司の構造と変質―刑部卿・囚獄司・贓贖司 [in Japanese] The structure of the trial system in ancient Japan Gyobu-Kyo, Shugoku-shi, Zoshoku-shi [in Japanese]
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In this article, I studied the trial system provided by Ritsuryo that was national law in ancient Japan. In Ritsuryo codes, there is Gyobu-sho of government office for the trial.First, I analyzed Gyobu-Kyo who was the minister of Gyobu-sho. When I looked his career, I can see that he was appointed Gyobu-Kyo because of his executive ability. For example, some people knew much about law, others were connected with military experience. Gyobu-kyo was the officer who had ability to convict or arrest criminals.Second, I considered Shugoku-shi and Zoshoku-shi which were lower organization of Gyobu-syo. Shugokushi was the only organization for management of prison and prisoners in the capital. In other words, the prison managed by Shugoku-shi was the symbol of a trial system in Ritsuryo. Zoshoku-shi held resource for maintaining the prison. That is to say, Zoshoku-shi was financial office to manage the prison.However Kebiishi became to assist and take the place of these offices in Konin period. As a result of formed Kebiishi, the system of Gyobu-sho which controlled a prison mainly should be changed.
人間文化創成科学論叢 (21), 1-1-1-11, 2019-03-31