Study On The State Responsibility Of Illegal Adjudication System In Song Dynasty

The system of illegal trial responsibility refers to the legal consequences of judge's deliberate or negligent violation of the relevant laws and regulations in the process of trial.In the background of the Five Dynasties and Ten Kingdoms of the separatist and mixed war,the Song Dynasty strengthened the local control as an important means to maintain the state rule of the ruling class of the Song Dynasty.At the same time,the ruling class in Song Dynasty realized that the effective governance of the state cannot be separated from the stable judicial order.Judicial trial is one of the most effective ways to solve the contradictions and problems between the government and the civilians,between the civilians and the civilians.The state judicial organ is an important part of the local judicial trial,it should not only for the counties under the jurisdiction of judicial supervision that bear responsibility,at the same time as a trial agency in charge of all kinds of cases within the jurisdiction of the trial,but also accept a judicial supervision way.The ruling class of Song Dynasty set up the responsibility system of illegal trial,which aims to constrain the exercise of the rights of the judiciary,standardize the trial behavior,clarify the consequences of illegal trial,and provide system guarantee for fair judicial trial.The illegal trial at the state level the implementation of responsibility system is the guarantee of local judicial activities in an orderly manner within the limits prescribed by law,in order to maintain the local judiciary has an irreplaceable role stability.The state responsibility system on the basis of illegal trial trial stage and judgment stage of judicial illegal conduct of the Trial Provisions to undertake different responsibility for the consequences of illegal conduct of the trial,the trial stage including the violation of the law,jurisdiction,avoid interrogation and executive not personally hear the case and not complain of prison work;illegal conduct of the trial stage is the judicial judgment official in violation of applicable law and sentencing provisions,in the conviction of innocence found guilty,guilty or innocent misdemeanor,felony lenient sentence,not within the prescribed time limit.The main state of the accountability system of unlawful trial including the state judicial executive act and the official Cao Guan,with the joint liability as the basic principles of accountability,to distinguish between public sin and death,in accordance with the "four official" followed step by step for personal criminal liability and administrative liability.In order to prevent the illegal trial all the joint responsibility to the innocent judicial officers involved,the provisions of the three kinds of judicial trial ilegal liability exemption,a judicial officer must admit to mis a es before being found in the illegal conduct of the trial and correct;two is the judicial officer in the draft judgment documents signed a collective,if that is the case the decision is wrong,is opposed to the verdict,can refuse to sign and attach the draft judgment documents in opposition,so as to achieve the day after the case was determined after a misjudged responsibility immunity;three is the illegal conduct of the trial on criminal imprisonment in office,to be our judge after leaving office was found also illegal trial liability exemption.However,any system itself has the nature of class,the background of the Song Dynasty state illegal trial responsibility system in the feudal era,the essence of a certain bureaucratic color.The whole process of the state responsibility of trial illegal exercise of judicial power supervision,and at the national level and the legal level of judicial justice.By restricting the restriction to the exercise of the local judicial power,the system strengthens the mutual supervision between the local authorities and achieves the positive effect of maintaining stability in the local judicial order.The Song Dynasty state illegal responsibility of trial set up the original intention is to limit abuse of judicial power,reduce the incidence of miscarriages of justice,safeguard judicial justice and judicial order,so as to achieve the ultimate goal of maintaining national sovereignty through legal channels.