The Study On The Relationship Between Chi And Legislation In The Noethern Song Dynasty

Legislation refers to the enactment, amendment and repeal of legal forms. In the Northern Song Dynasty, legal forms make up by "Song Xing Tong", Ling, Ge,Shi,Li and code mixed by sorts of legal forms.Legislation, in The Northern Song Dynasty is the enactment, amendment and repeal activities of legal forms. In the imperial era, the emperor decree orders through certain documents form, its legislative versa. In the Northern Song Dynasty, based on the universality and frequent use of designating all sorts of emperor's decree by Chi, Chi becomes the appellation of emperor's decree.The Northern Song Dynasty government amend "Song Xing Tong" with Chi to adapt to social changes, The Northern Song Dynasty government amend law and Chi in the "Song Xing Tong" by Chi.The Northern Song Dynasty government alsol add the content of "Song Xing Tong" , basically adopt forms of "penalty In accordance with law" "penalty to Wei Zhi " and " Careless of the emperor ", to supplement the " applicable range penalty stockings and objects of "Song Xing Tong ".The northern song amend and complement "Song Xing Tong" by Chi", in the application,new Chi has priority.more and more new Chi Were formulated.and finally makes the "Song Xing Tong" become a basic code, rather than a practicability code.The Northern Song Dynasty government formulated Ling, Ge, and Shi, by Chi.its language expression mainly has: formulate Ling, formulate Ge, formulate Shi. Also modify Ling, Ge, and Shi, by Chi., main type provision use: modify code of Ling , modify code of Ge ,modify code of Shi .And also use the Chi formulating and modifying Ling, Ge and Shi into single code of Ling, Ge and Shi. In the Northern Song Dynasty, Li can be divided into politics , criminal judicial and other classes of Li. These Li are made by the emperor's nonlegislative Chi.After the judge were made , when come across a similar situation, these judge was consult applicable, and modified and formulated by Chi, become an Li for ever. The sacredness of the emperor's will that made the informal legal forms of judge into legal attribute. Relationship between Chi and The Li of Northern Song Dynasty also have formulating Li as Chi, modify Li to formulate Chi, and modify Li to formulate Ling,Ge,Shi. There are huge amounts of Li in Northern Song Dynasty, and these Li play a important role in the political activities.Li was made based on the emperor's Chi with divinity, and the subsequent phase similar items has certain binding,In order to limit turn some special tribunal as Li to avail , the Northern Song Dynasty government adopted, in Chi stipulated in "can not YuanLi" means, to limit the tribunal is entitled to all possibilities. These "shall not YuanLi" special tribunal, mainly used on the emperor of relatives, ministers and beside the person's abuse of grace.The Northern Song Dynasty government both want to use Li handling affairs, and wanted to avoid negative effects on patients, After classifying and editing Li, , general use in accordance with the regulation forms.Li was classified and named by the matters of government institutions subordinate , basically concluding Li of centre orgnaization , and criminal jurisdiction and other government .In the Northern Song Dynasty, almost every emperor in the reign classifying Chi. Forms of classifying Chi has allowed the compiling of such "XuJiang', and legislative form of editing Chi .Legislative form of classifying Chi, in the earlier stage is mainly ''BianChi', and according to category of Chi to formulate code of Ling,Ge,Shi and "YiSiYiWuChi",YiZhouYiXianChi''In the Northern Song Dynasty, along with the social and political and economical situation changes, editing single code can not adapt to the request of reality, there comes such as "Chi tand Shi", "ChiLing and Shi i", "ChiLingGeShi", etc mixed editing forms of Chi. These forms of classifying Chi based on that they are all come from Chi.The Northern Song Dynasty government enactment, amendment and repeal regulation format such as "Song Xing Tong" Ling Ge Shi and Li by Chi.Also,the northern song government formulated Chi into universal applicability law. The formulation process of lagislative Chi in the Northern Song Dynasty ,bill of proposed draft will be deliberated Signed and then enacted .lagislative Chi of The Northern Song Dynasty mainly use "from now on", " treaty it" , "To overturn monarchy", "make it law" such language expression way, These expressions makes the Northern Song Dynasty legislation "refer to type", "Reference type", "modify type", "add type" and so on legislation technology characteristics. We can say that most of Northern Song Dynasty legislative activities are by the form of Chi, So there is phenomenon of " legislation by Chi"in Northern Song Dynasty."Legislation by Chi" plays an important role on making completion of Northern Song Dynasty' legal system .By researching relationship between "Legislation by Chi" and evaluating the effect of the Northern Song Dynasty legislation, it can be found that ,in the Northern Song Dynasty " legislation by Chi" made the completeness and also causes the legislation invalid, many legislation become "invalid text".The Northern Song Dynasty legislation become "invalid text",can be foundd expression in that,'' repeated legislation',' repeatedapplying for legislation'and'reaffirm legislation 'The Northern Song Dynasty legislation become "invalid text"lies in the basic feature of 'just valid at that time' of its " legislation by Chi" and also caused by the closely combining of " legislation by Chi"and Northern Song Dynasty bureaucracy politics.