Research On Judicial Power Of Privy Council In Song Dynasty

The privy council was the highest military administrative organ in song dynasty,which played an important role in the stability of military judicial order in song dynasty.However,when studying the privy council of the song dynasty,scholars focused more on the changes of administrative power and power,and rarely involved the judicial power of the privy council of the song dynasty.After research can be found,the privy council in the song dynasty is not only a charge of the military,the army of teaching reading,recruit to fill,jian tide,profit,promotion,change the officer,such as military administrative functions and powers,more has enacted regulations on the military legislative power and reward power penalty of the military judicial functions and powers,judicial power such as direct case trial,review,review,and play an important power.Compared with the general judicial organs,it has distinct characteristics and certain research value of legal history.The main purpose of this paper is to summarize the characteristics of the judicial functions of the privy council in song dynasty through the arrangement of its establishment,organizational structure,staffing and judicial functions,so as to have a comprehensive and objective understanding of the judicial functions of the privy council in song dynasty.In addition to the introduction and conclusion,the text is divided into three parts:The first part is mainly about the setting of the privy council in song dynasty.Firstly,the origin of the word "shu mi" is introduced,which can be divided into three historical periods: the tang dynasty,the five dynasties and the beginning of the song dynasty.The second part is the focus of this paper.This part introduces the judicial functions and powers of the privy council in song dynasty.It mainly involves the direct filing and trial of specific military cases,review of difficult military cases,review of criminal discharge cases,review of death penalty cases and review of officer cases.By summarizing,analyzing and summarizing the judicial functions and powers of the privy council in song dynasty,the author has an intuitive and detailed understanding of the judicial functions and powers of the privy council in song dynasty.The third part is the evaluation of the judicial functions and powers of the privy council in song dynasty.Also includes to the characteristic induction and the appraisalanalysis.First of all,it reflects the specialization of military judicial organs and the emphasis on reviewing and replaying death penalty cases of military personnel,which reflects the balance between the centralized military judicial power of the song dynasty rulers and the cheap exercise of judicial power by local and marching generals.Secondly,the setting of the privy council in the song dynasty,the content and characteristics of military judicial functions and powers reflected the decline of generals' status in the privy council under the state policy of "suppressing military power by means of literature" in the song dynasty,which played a positive role in maintaining the stability of military judicial order,but also accelerated the decline of the army's combat effectiveness and the decline of the country.