Research On Extrajudicial Penalty In Song Dynasty

In this thesis,we study the song dynasty of the intersection of law and society.The extralegal punishment was not only related to the legal system framework,and had a close relationship with the structure of the society and culture in the song dynasty.This paper attempts to answer the following questions.First,which fields had the extralegal punishment,and who was the execution and the victim? Secondly,at that time,what factors in the legal system would promote the production of extrajudicial punishment,and which factors in the social structure promoted the spread of extrajudicial punishment.Finally,since extralegal punishment belonged to the illegal punishment,whether or not conflicted with the Confucianism which was mainstream of the country,and how the government officials concerned and dealt with this problem.After consulting a large number of documents and combing analysis,I think there were quite a lot of extralegal punishment in the judicial process of the Song Dynasty,the national army,the grass-roots social and social groups.The main body of the extralegal punishment were not only the central and local officials in charge of judicial power,a military general,but there were local powers and clan elders in the social position who had abused the law outside the law to a certain extent.If we say that the legal provisions of punishment regulated the law enforcers' identity and permission,Then,it can be said that the executor of the extralegal punishment expanded to the whole society and social organizations in the upper.They had fewer restrictions,which was more cruel.The reason for the proliferation of extrajudicial punishment is complicated: there were both the historical characteristics of that era,but also the cultural factors throughout the ancient society.The laws established in the Mid Tang Dynasty were inherited to the Song Dynasty.From the late Tang Dynasty to the Song Dynasty,great changes have taken place in the social system.In response to this change,the Tang “Lv Ling Ge Shi” became into “Chi Ling Ge Shi” of Song Dynasty.The more new laws provisions stultified themselves.On the other hand,there is conflict to text and practice,so that criminal law had a considerable space.The official corruption and the imperial examination system to generated a large number of bureaucrat lacking of justice.Jurisdiction was controlled by the corrupt officials,encouraged the use method of the extrajudicial punishment.Containing the ethics and the ethical code,The Chinese traditional legal thought that relied on the rule of man undermined the judicial process.The wide spread of the belief in the hell in Buddhism,also prompted the public to agree with the extrajudicial punishment.These factors were rooted in ancient politics,society and long period of culture.Therefore,it is possible to have the same characteristics as the historical period before and after the Song Dynasty.The local law and the basic law of the community often brought a series of negative effects.Therefore,The intellectuals in the Song Dynasty had a heated argument.On the one hand,some people advocated that the extrajudicial punishment was strictly prohibited.On the other hand,some people thought that in the process of local governance and the fight against the masses could be applied to the appropriate extrajudicial punishment,in favor of national governance.In order to protect the long-term interests of the rulers,the ruler of the Song Dynasty had to forbidden the extrajudicial punishment.Measures have two aspects like promulgating national laws and disciplining officials,to curb the spread of the extrajudicial punishment with playing some effect.However,due to the extrajudicial punishment and the specific political,legal and social inseparable,individual power over the law already was the general principles of traditional society.Of course,this phenomenon was difficult to eradicate.