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Research On The Effect Of Petty Officials In The Judicial Order Of The Song Dynasty

Posted on:2020-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HaoFull Text:PDF
GTID:2416330575965230Subject:Legal history
Abstract/Summary:PDF Full Text Request
The judicial order is the key to the governance of a country and the core of the stable development of the society.The judicial order of the Song Dynasty presents a relatively stable development trend on the macro level,which is the inevitable trend of the advance of the times.But it was also inseparable from the meticulous maintenance and active promotion of the judicial personnel of the Song Dynasty,especially the petty officials at the bottom of the bureaucracy in the Song Dynasty,who,as one of the legal personnel of the Song Dynasty,were the grassroots clerks within the various levels of government in the ancient feudal society of China,in the Song Dynasty.The historical evolution of the official separation made the petty officials finally break away from the bureaucracy and become an independent official service class.They had to write an article,but they also needed to run a bad job.Although the petty officials' status was light and cheap,they did not only need to write an article,but they did not have to do so.Proficient in law,familiar with government affairs,by virtue of their own advantages,petty officials have successfully occupied the various holes in the feudal bureaucracy system,and controlled the basic operation of the government's daily government affairs.Among them,as one of the main government affairs of the government,judicial activities.No exception has always been active in the busy figure of petty officials.The most important and critical role of the official in the Song Dynasty was to assist the operation of judicial activities.Although it is not the direct owner of judicial power,it is a concrete practitioner of judicial activities.It not only assists judges in adjudicating cases through trial warrants,arresting suspects,and participating in judicial important aspects of investigation and investigation.It is also the specific executor of judicial penalties such as death penalty,physical punishment,labor penalty,and property punishment in the Song Dynasty.At the same time,it is also responsible for the management of the specific food hygiene and prison security of prisoners in prison.In addition,it is also the Song Dynasty.The main person in charge of receiving and receiving judicial documents and judicial archives.As an important person in all aspects of the prison proceedings in the Song Dynasty,he participated in a series of tasks such as reviewing petitions in pretrial procedures,interrogating detainees to trial centers,investigating and resolving laws,and then accepting prisoners and filing files after the case was completed.Thus,the smooth progress of the judicial procedure in the Song Dynasty was ensured,that is,the stability of the judicial order in the Song Dynasty was maintained.In addition to assisting in the administration of justice in a secondary capacity,the petty officials also actively gave full play to his personal strengths,effectively promoting the improvement of judicial efficiency in the Song Dynasty.First,because he was born among the people,he was able to familiarize himself with the official situation and public opinion because he was born among the people and according to the government.The advantages of information sources are conducive to its efficient and quick investigation of the case in specific judicial activities;Secondly,the petty officials accumulated and developed the trick of treachery in the Song Dynasty in the long-term judicial practice,which further improved the efficiency of the judicial investigation in the Song Dynasty through the flexible and skillful use of the treachery.Finally,as a special petty official,the grave-digger,with the opportunity of approaching the original crime scene and his rich and exquisite examination skills,promoted the effect of judicial identification in the Song Dynasty.An increase in the rate.In addition to the role of assisting judicial operation and improving judicial efficiency,petty officials formed the habit of group internal law through the professional tradition of taking law as their profession and law as their teaching,which was one of the important ways for the legal knowledge to be passed on in Song Dynasty.It is also the key to reconstruct the national legal order in the early Southern Song Dynasty.In the long period of judicial writing,petty officials continuously simplified and standardized the format of judicial documents,promoted the content of judicial judgment books in Song Dynasty to be plain and rational,and promoted the Song Dynasty judgment books to move from "literature"to "law meaning".This not only reduced the difficulty of studying the law among the common people,but also enabled the legal system of the Song Dynasty to integrate into the daily life of the people in a subtle way..The ways of spreading legal knowledge in Song Dynasty were not always mild and gradual.While the rulers of Song Dynasty adopted policies such as interest litigation and prohibiting people from studying laws and other policies,they imprisoned people's legal consciousness in order to maintain feudal regime.In the opposite way,petty officials broke the shackles of feudal folly,triggered the consciousness of the common people's use of rights,and opened a new era of law flowing through the people.As a special group in China's feudal era,it was“insignificant”and“critical”.It has been running through the feudal bureaucracy of ancient China for more than 2,000 years.It is the backbone of the smooth and efficient development of judicial activities in the Song Dynasty.Many of the history appeared in the image of"smuggling".Although we can't fully believe the image of the scholar-officials,it is undeniable that the illegal behavior has indeed caused some bad in the judicial field of the Song Dynasty.The impact,such as its malpractice and maiming,or the smuggling of the law to blind the officials,or because of personal desires,by obscuring the script,delaying the delay,leaking secrets and yin and yin violations interfere with the execution of the ruler' s decree,etc.,we should also In-depth analysis can restore the complete and true image of the judicial order in the Song Dynasty and promote further research and discussion on the judicial system and content of the Song Dynasty.
Keywords/Search Tags:petty official, the Song Dynasty, judicial order
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