On The Utilitarian Tendencies Of The Laws Of The Song Dynasty

The law in the Song Dynasty, which was tend of utilitarianism played animportant role in law-making of feudalism in China. Under the feudalism tide, theSong Dynasty became a history era in the field of civil and commercial lawlegislation. The two stage of Song Dynasty had marked difference in acceptingprivate property and respecting human rights, which make it be different with anyother feudalistic law. We can due these results to the unique politics, economy,thoughts and geography circumstances of the two stage of the Song Dynasty.This Thesis will be discussed from the following aspects:The first part will introduce utilitarianism of the Song Dynasty first, andanalyzing from civil and commercial law, criminal law, litigating law and the form oflaw. Then the utilitarianism of the Song Dynasty law will be clarified by giving the"fact" material.The second part will be discussed by analyzing the reasons of utilitarianism ofthe Song Dynasty law. They will be discussed on the basis of politics, economy,thoughts and geography circumstances and so on which have important effect informing utilitarianism of the Song Dynasty law.The third part will analyze the infection of utilitarianism of the Song Dynastylaw to the law evolution. It will be discussed from four point: the change of the lawmentality, the conversion of legislative thoughs in country, the perfection of thejustice education system and the progress of practicality technique of justice.The spirit of legal system in utilitarianism of the Song Dynasty law hadaccelerated the commodity economy and society. Admitting private property andhuman rights in Song Dynasty law also promoted the history and incarnated therationality of the society. Beside these positive factors, it also made some problems,which destroying the law authority and stabilization of the society in the SongDynasty. We can know from hereinbefore, the build of legal system of socialism is in aespecial circumstance also. The politics, economy, thoughts, geographycircumstances or other aspects in our country have many problems need to be solved.The build of legal system will be influenced by those factors. The build of legalsystem will going to where? Which will be appear in the process of building legalsystem? This thesis will analyze utilitarianism of the Song Dynasty law and thecauses of these phenomena, which will have real meaning to our country.