The Juridical Examination Of Song Dynasty

The juridical examination in Song Dynasty has its both characteristics and advantages. Song Dynasty, a civilized society, we may say, has the highest juridical achievement, because it not only inherits the juridical system formed in Tang Dynasty but also makes its unique innovation. Moreover, since Mongolian aristocrats, the rulers of Yuan Dynasty were in charge of the central plains of China, the juridical systems were destroyed. Not only Dali Si (大理寺) was abolished, with its functions merging into Board of Punishments (刑部), but also there were no law and law tests any more, nor Qiongxianfensi(鞫谳分司) or Fanyibiekan(翻异别勘). In Ming Dynasty the cultural atmosphere among rulers was far behind that in Song Dynasty. In Qing Dynasty, as the minority took the charge and most systems were already demolished for a long time, the juridical system did not go back to the level in Song Dynasty, either. In Ming and Qing Dynasty, the test of eight-part essay was applied to select scholars, and the subject of "Ming law" was abolished, too. The juridical level of those two dynasties did not go back to the level in Song Dynasty, either. That is to say, it was only before Song Dynasty that there were special examinations concerning laws. And we may say that Song Dynasty has the most complete juridical examination with a highest level. Therefore, it is of special significance to explore the juridical examination in Song Dynasty.The juridical examination in Song Dynasty was well-developed with various kinds and good systems, including the subject of Ming Law and Quan examination (铨试) inherited from the former dynasty, and "Xinkemingfa" and "Shexuan" invented in Song Dynasty. This paper will select essential ones for further discussion.In this paper, beside the introduction there are six parts.The first part is a survey about juridical examination in Song Dynasty.The second one discusses the subject of Ming Law and Xinkemingfa, introducing the history of Ming Law subject and the situation both Ming Law and Xinkemingfa in Song Dynasty.The third one is the introduction about Chuguanshi(出官试), with the most important one as Quan examination. In this paper Quan examination in Northern and Southern Song Dynasty is discussed in two subsections, with detailed description about the examinees, contents and results of the examination.The fourth one is about "Criminal Law Examination", which is used to select senior juridical officials in Board of Punishment and Dali Shi. It introduces the examinees, contents and criterion of the examination and precautionary measure .The fifth one is concerned about the examination used to select legal officers. Because this examination was carried out by Liuwaiquan(流外铨), different from usual Quan examination, so it is discussed separately with the procedures and contents of the examination.The last part is the general evaluation about the juridical examination in Song Dynasty.