西周金文中獄訟模式之探討

On Means of Litigation of the Western Zhou Dynasty Bronze Inscription

西周時期，在位者可以在必要時直接對人施以刑罰，也可以在受理獄訟之後對人實施刑罰處罰。人們因田土類細故而生爭端，也有可能通過獄訟之途徑解決。就通過獄訟的途徑解決糾紛而言，爭端各方需尋求共同認可之人作為裁決者，在兩造具備、各方陳述其主張和依據之後，裁決者核實相關事實並依據通行的觀念、原則、先例或者慣例等對糾紛進行裁決。

In the Western Zhou period, incumbents were empowered to impose penalties on people when they considered necessary or after litigation completed﹒whereas disputes caused by farmland and so on could also be settled by means of litigation. When such decisions were made, the parties to the dispute should seek people commonly recognized as arbiter, which should verify the facts involved, resolve disputes according to current views, principles, precedents or conventions, etc after the two parties were present, made statements, furnish proofs, and so on.