Research On The Functions Of The Criminal Department In Song Dynasty

The Northern Song Dynasty inherited the basic political systems of the late Tang and Five Dynasties,as did the official systems and its accompanying judicial systems.The establishment of the Song Dynasty put an end to the chaotic situation of several feudal towns in the late Five Dynasties.On this basis,the Song Dynasty rulers were committed to further strengthening centralization,and the control of judicial power was undoubtedly an important aspect of strengthening centralization.After experiencing the social turmoil of the Five Dynasties at the end of the Tang Dynasty,as one of the six divisions under the jurisdiction of Shangshu Province,the Ministry of Justice has undergone continuous transformation and sublimation in its structure and functions.At the beginning of the Song Dynasty,the Department of Criminal Affairs,the Department of Justice,the Department of Bibu,and the Department of Simmons under the Ministry of Criminal Affairs were all false and unprepared,and their various functions were handled by the Sentencing Department held by the Tribunal or other officials in Beijing.During the Yuanfeng reform period,taking "Liudian of the Tang Dynasty" as the standard,the three-provincial system was reconstructed,and the organizational system of the Ministry of Criminal Affairs and its subordinate departments were perfected by the principle of vice-versa.In this way,one of the six divisions of Shangshu is also one of the "three law divisions"(Yushitai,Xingbu,Dali Temple),and its functions will inevitably be restored and strengthened.However,during the reform of Yuanfeng,the most basic function of the Ministry of Criminal Justice(review of death penalty,i.e.major and difficult prisons in the world)was delegated to the various prisons.After the correction of Yuanfeng’s reform by the“Yuanyou Reform”,the basic functions of the Ministry of Justice were restored.Political fluctuations such as “Shao Sheng Shao Shu” did not have a significant impact on the establishment of the Ministry of Justice in the late Song Dynasty,making this official system and The functional status of the Criminal Ministry continued until the Southern Song Dynasty.After Yuanfeng’s restructuring,the central high-level core political system has shifted from the "system under Zhongshumen" to the "three-province system." In this process,the changes in the powers and responsibilities of Shangshu Province had a relatively large impact on the evolution of the functions of the Ministry of Criminal Affairs.As one of the three central judicial organs,the Ministry of Penalty has also undergone subtle changes in its relationship with the other two judicial institutions: Dali Temple is the highest judicial institution,but according to the traditional system,its powers and administration are subject to review by the Ministry of Penalty.Yuanfeng’s restructuring once made Dali Temple an independent supreme judicial institution.This was corrected in the later Yuanfeng period;Yushitai was the highest supervisory institution.After Yuanfeng’s restructuring,Yushitai’s supervisory power was more closely aligned with the six departments of Shangshu(including the power of the Criminal Ministry).The general structure of the paper is as follows:The first part is about the origin and establishment of the Criminal Ministry.The establishment of the Criminal Ministry can be analyzed and interpreted from the period of the late Tang and the Five Dynasties,the early Song Dynasty,the Yuanfeng reform period and after the reform.The second part is about the functions of the Ministry of Justice before and after Yuanfeng’s reform(will mainly focus on the various judicial and administrative functions of the Ministry of Justice).The third part mainly analyzes the relationship between the Ministry of Penalty and Dali Temple,Yushitai,Tribunal and the integration of its operating mechanism before and after Yuanfeng’s reform.