The Study On The Legal Consciousness Of Local Gongli Group In The Song Dynasty

The Gongli,a large and complex group under the bureaucracy system of Song Dynasty,widely exist in the central and local administrative departments at all levels and are active on the historical stage as a relatively independent political force.Their identity is special,often with the dual nature of "official" and "people".With certain professional ability,special status and number of advantages,they are increasingly concerned by the ruling group.Among them,the local Gongli play a particularly prominent role in the process of government affairs,which is the main administrative force at the grass-roots level,and has a significant relationship with the advantages and disadvantages of the local political ecology in Song Dynasty.The Gongli in Song Dynasty were not only needed by the officials,but also hated by the officials.They were not only close to the people,but also hated by the people.In the Song Dynasty,the chaos and darkness of Gongli were mostly related to the "official's malpractice".There were many records of the official's corruption,perverting the law,accepting bribes and disturbing the judiciary.Bullying the superior officials,harming the local people and harming the people also became a vivid portrayal of the local official in the Song Dynasty.Therefore,there was a saying that "the clerks is stronger than the officials".However,the behavior can not be separated from the control of consciousness.The local Gongli who are familiar with the laws and regulations also have the unique legal consciousness of the group and have an important or even decisive impact on the specific behavior.In addition to professional factors,this kind of legal consciousness is closely related to the social status,real situation and life experience of the group,and is an indispensable part of the subjective consciousness of local Gongli in the Song Dynasty.Through the exploration of legal consciousness,we can further restore the real image of local Gongli in Song Dynasty and make a fair historical evaluation.This paper is divided into five parts:The first part: the introduction of the whole situation of local Gongli in Song Dynasty.There were many appellations of "li" in Song Dynasty,such as "Xuli","Lixu","Liren","Gongren" and "Gongli".By analyzing historical materials,the concept of local Gongli in Song Dynasty was defined,and the basic setting,classification and number of Gongli in Song Dynasty were analyzed.Combined with the traditional view of the mainstream attitude of the Gongli in Song Dynasty,standing in the position of scholar officials,this paper analyzes and supplements the image of "the clerks is stronger than the officials" in Song Dynasty,breaks through the limitations of the previous behavior analysis mode,and explains that the legal consciousness of local Gongli is an important content that can not be ignored in the study of the relationship between officials and Gongli ecology in Song Dynasty.The second part: the storage and learning ways of the legal knowledge of Gongli in Song Dynasty.Whether it is individuals or groups,legal knowledge and cultural level have a direct link,literacy is often the prerequisite to know the law,Gongli are another large literacy group besides the ruling group,so it is necessary to introduce the cultural level of local Gongli in Song Dynasty.There are two ways to acquire the legal knowledge of the Gongli system: the official and the private.The difference lies in whether the title of the Gongli is legal or not.In addition,the Gongli will learn the laws and regulations through other ways,such as the regulations that should be abided by within the scope of their own duties,the influence that the inheritable descendants of the Gongli bring to the Gongli through the teaching of their parents and some local people like litigation and are good at litigation.The third part: through the three levels of officials,Li and people to study the exposed space of the legal consciousness of local Gongli in Song Dynasty.Most of the local Gongli are good at the people and live in the government.They are familiar with the people and know the customs of the government.The Gongli,originally subordinate to the government,serve the officials and accept various instructions to play the role of executors.Different from officials,Gongli have a clear system of transfer.They can serve in one place for a long time,and have great flexibility in terms of tenure.They can maintain the normal operation of local government affairs when the new and old officials are handed over.Although Gongli have no reputation or literary literacy,they have relatively single responsibilities,but they are relatively professional and even have a certain degree of monopoly And legal knowledge),which makes they professional staffs that officials have to rely on,and plays an important role;local people are difficult to have direct contact with the government,mostly through the media of Gongli to transmit information,and many public affairs are also communicated by Gongli on behalf of the government,which makes Gongli have blocking audio-visual items as well as media As a result,people's rights and interests are easily infringed.In this way,the illegal deeds of Gongli often have the characteristics of "bureaucratic authority","making use of local resources" and "taking advantage of being in a favorable position",reflecting the exposure of the legal consciousness of local Gongli in the Song Dynasty to the field of officials and people.The fourth part: in-depth exploration of the Song Dynasty local Gongli legal awareness of the bipolar characteristics.After analyzing the historical data of various kinds of negative behaviors of local Gongli,we can also find that there are positive records of individual deeds that are totally opposite to them,and we can't deny that there are many honest and upright people in the large group of Gongli,and it is these Gongli who serve the law and perform their duties that play an important role in the normal operation of local public affairs.There are not only perfunctory,greedy,inferior loyalty,but also duty-abiding,honest and tyrannical,which are deeply reflected in the local Gongli in the Song Dynasty.Therefore,we can not simply take "the clerks is stronger than the officials" or "Liren's world" as the evaluation of the relationship between officials and local Politics in the absolute sense.In addition,in the negative legal consciousness,we can not evaluate the Gongli only by moral factors.The words and deeds of the officials,the surrounding environment,the desire for survival and so on will have a shallow or deep impact on the Gongli's legal consciousness and further affect their behaviors.The fifth part: to explore the belief background of local Gongli in Song Dynasty.Song Dynasty was in the stage of high cultural prosperity and development in Chinese history.It formed a multi-cultural pattern in which other sects and Confucianism coexisted and absorbed for reference.Religion was more secularized and sinicized.At that time,the more mainstream religions of Buddhism and Taoism,with believers in all fields,including ordinary people and senior officials and nobles.There are many legends with folk characteristics in the local area,which deeply affect the local people,including the Gongli who are active in the government and the folk,reflecting that the legal consciousness of local Gongli in the Song Dynasty permeated with certain belief background.In addition to the direct believers,Gongli will also come into contact with people or things related to religious immortals in their daily life and in the course of performing their duties.Whether it is direct calling and enlightenment or touching the side of faith,they will often affect specific behaviors through the transmission of consciousness.