Song Judicial Officials Referee Method Study

In contemporary juridical practice, the methods of judicial judgment are the methods in which a judge constructs a case as the minor premise of a trial and that as the major premise of a trial, and finally make a logical judgment. Obviously, the decision method is more of a vertical concept than a horizontal one. In the narrow sense, the methods of judgment include the methods of confirming a fact, the methods of seeking laws and the methods of legal inference.In this article, the author sets in ancient China's Song Dynasty, when the feudal society was highly developed. A series of concrete cases have been put up to expound in detail the methods and techniques adopted by judicial officials of Song Dynasty in confirming facts and seeking laws, such as how to discriminate and utilize proofs, how to do proof-test, how to seek for laws, and how to employ "extrajudicial mercy", etc. Because the inference is perfoliate in the process of judgment, this article doesn't list independently, but describes the way of ADR in our country. The first step is to analyze the theory basic, people's consciousness of don't like sue to the government is the thought basic, the exist of clan and the limit of lawsuit are the immediate qualification; the second step is to give same examples to get an intuitive mastery.Great importance was attached to the third part of the article, in which an in-depth summary was made of the features of the judicial judgment methods used by officials of Song Dynasty. The author maintains that the utility of deciding concepts and diversity of methods account for the fact that the judicial decision methods of Song Dynasty have yielded unusually brilliant results. Therefore, detailed expounding has been made on each respectively, arriving at a conclusion that traditional Chinese aspects of law are of great significance to deciding methods. The connection among justice, law and favor would directly affect the application of deciding methods to some extent, people's consciousness of do not like sue to the government influence the judges of Song Dynasty; in the process of judgment, pluralistic ways of judicial show that the judge will use the law to make decisions for one hand and use something else to judge for the other hand, such as common sense. The author has made a comparison between the traditional Chinese deciding methods and contemporary ones, obtaining that the key distinctions between the two lie in two aspects:difference in judgment concepts; difference in method normalization. In the end, after ejecting the dross and assimilating the essence, the author deems that undoubtedly faults can be found in the judgment methods of Song Dynasty, yet there is every reason that they are worth our deliberation and reference. The ultimate purpose of this article is to draw the parts that shall be positive toward contemporary judicial reform, hence advancing improvement in the judgment methods.