A Study On The Ju Yan Division System In The Song Dynasty ——Taking Wutai Poem Case As An Example

The Wutai poetry case,which occurred in the Northern Song Dynasty,is still a classic case to study the judicial system of the Song Dynasty.Among them,the application of the division system ensures that Su Shi can get a fair trial.At present,there are few academic achievements,insufficient analysis and research on the combination of the case and its applicable division system.As the only characteristic judicial system in the Song Dynasty,the branch division system has great research value in preventing unjust,false and wrong cases as well as maintaining judicial justice.Taking the Trial division system of the Song Dynasty as the research object and the famous Wutai poetry case as the analysis case,this paper first expounds the historical background and design concept of the Trial division system,then takes the Wutai poetry case as the entry point for the study of the Trial division system of the Song Dynasty,and combs the basic case of the Wutai poetry case with reference to historical materials and documents.This paper focuses on the analysis of the Trial branch system running through the trial procedure of the Wutai poetry case.On the basis of consulting a large number of relevant documents and materials,it summarizes the six main operation links of the Trial branch system in the Song Dynasty,namely acceptance,trial,recording,prosecution,draft judgment,judgment,etc.This paper lists the relevant criminal cases of the Song Dynasty,analyzes and studies the problems existing in the Trial division system of the Song Dynasty,and puts forward three problems: the first is the abuse of torture by the division,the second is the bending of the law by the division,and the last is the low trial efficiency.And it explores the impact of these problems on Su Shi’s trial.Then,from the system level,this paper focuses on the guarantee system for the effective operation of the division procedure in the Wutai poetry case,mainly including the joint liability system,the variant investigation system,the ruling system and the appeal system,so as to explore the value of these judicial systems to the trial practice.Finally,combined with the operation effect of the Trial division system in the Wutai poetry case,this paper summarizes the Trial division system and comes to the conclusion that the Trial division system ensuring the internal supervision and restriction of bureaucrats,improving the investigation ability,meeting the requirements of legal aid and conviction,and the administration of judicial trial.The Trial division system reflects the legal system level of the Song Dynasty and the legal wisdom of the Song people.It is also a great attempt to design the system of human rights protection in the history of ancient Chinese legal system.Although the main purpose of designing the division system is to meet the ruling needs of the Song Dynasty,its practice of separating trial and judgment to prevent unjust,false and wrong cases and the unique design concept of decentralization and balance are worthy of reference for future generations.It is expected that through the research on the Trial division system in the Song Dynasty,we can have a deeper understanding of the judicial system and judicial ideas in the Song Dynasty.