| Under the influence of the thought of cautious punishment,in order to ensure the fairness of the trial results,the Song Dynasty formulated a series of criminal trial systems and procedures.The design of these criminal trial systems and the operation of procedures are of great significance for the prevention and correction of criminal misjudged cases.On this basis,the Song Dynasty formed a multi-aspect and multi-level criminal misjudge prevention and correction mechanism composed of criminal trial system,litigant and supervisory system.In view of the demise of Five Dynasties due to local separate regime politics,and under the influence of the thought of strengthening centralization and supervision of power restriction,the Song Dynasty enhanced the restriction and supervision of local power.As an important part of local state-level power,the exercise of criminal trial power in the prevention and correction mechanism of misjudged criminal cases in the Song Dynasty was also restricted and supervised.The prevention and correction of local misjudged criminal cases in Song Dynasty are closely related to the restriction and supervision of criminal trial power.The restriction and supervision of criminaltrial power has also been fully reflected in the mechanism of prevention and correction of criminal misjudged cases.On the premise of separation of powers,power restriction is the mutual restraint and constraint between various forces within the power system in the process of power operation.It guarantees the mutual restraint of power subjects through the division of complete powers.Under the influence of the system of JU YAN FEN SI and other systems in Song Dynasty,the state-level criminal trial power in Song Dynasty mainly divided into the interrogation power of Ju SI,the retrieval related legal power of Yan SI and the adjudicatory power of the governor,these three powers had a division of labor and had a certain ability to restrain each other.Therefore,power restrictions were contained in the prevention and correction mechanism of misjudged criminal cases in Song Dynasty and played an important role in them.Because of the independence of the extensive trial jurisdiction of the state-level judicial organs and exercising criminal trail power in Song Dynasty,there were basis of power supervision in the mechanism of prevention and correction of criminal misjudged cases.According to the different ways of exercising supervision power,the supervision in the prevention and correction mechanism of misjudged criminal cases can be divided into passive supervision and active supervision in Song Dynasty.The Song Dynasty decentralized judicial powers by setting up multiple institutions and exercising different functions and powers by these institutions,which provided a basis for the restriction and supervision of power in the mechanism of preventing and correcting criminal misjudged cases.Besides,through the design of system and procedure,the restriction and supervision of power developed into a more complete system.The restriction and supervision of power in the mechanism of preventing and correcting criminal misjudged cases in the Song Dynasty is not only conducive to safeguarding judicial justice,but also conducive to the realization of central control over local justice.However,there are also some shortcomings,for example,low trial efficiency,judicial officers evade their responsibilities and fail to perform their duties actively in criminal trials,and the confusion between supervisory and judicial functions.These shortcomings also provide enlightenment for the construction of modern criminal misjudged cases prevention and correction mechanism,which means that,in the construction of the mechanism of prevention and correction of criminal misjudged cases,power restriction and supervision should be coordinated.In the meanwhile,fairness and efficiency should be taken into account,and the operational rules of supervision outside the criminal judicial power system should be clarified. |
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