Legal Practice Of Inspection Of Orphan In Song Dynasty

Since the pre-Qin Dynasty,under the guidance of the Confucian concept of "sales of children",the government has relied more on close relatives and village forces to protect the orphans and children in the rescue of orphans and children.Influenced by the traditional patriarchal hierarchy and the patriarchal supremacy of the family,the responsibility of the parents of the orphans and children is responsible for their personal and property problems,and the government’s involvement and protection are very limited.In the Song Dynasty,the orphan and child property inspection and school system,orphans and children were raised by close relatives and townships,the property was inspected by the government,and special institutions were set up for management,which had distinct characteristics compared with the past.In the context of the great changes in the Tang and Song dynasties,the increase in the awareness of private ownership of family members in the Song Dynasty,the sharp increase in the litigation of dividing family property,and the change in family structure jointly catalyzed the emergence of the orphan and child inspection system.The earliest record was found in the second year of the Taiping Revival,and later it was mostly supplemented in the form of orders,and the laws and regulations on the inspection of orphans and children’s property in the Northern Song Dynasty were basically complete,and in the Southern Song Dynasty,the inspection of orphans and children’s property was mainly supplemented.Compared with the Tang Dynasty’s care heroes or foreign businessmen’s property custody,the system of orphans and children’s inspection and schooling is also aimed at ensuring the birth and maintenance of orphans and children and preventing property from being encroached upon;however,in terms of form,the overall system tends to be institutionalized and legalized,and in terms of content,the state pays attention to the protection of orphans and children’s property,and intervenes in the cultivation of orphans and children by clans.The investigation of the legal practice of the orphan and child inspection system takes the "Collection of Judgments on famous public letters and qingmings" as the main material,and sorts out 187 judgments involving 28 judgments related to orphans and children,15 judgments on the orphan and child inspection and school system,and clarifies the vague contents in the laws such as "the conditions of orphans and children","the different purposes of protecting the property of male orphans and children and female orphans and children","the scope and use of school property",and "the choice of parenting subjects after inspection" It also analyzes the interaction between the sergeant and the clan in the case of the misappropriation of orphans and children’s property and the establishment of the school,which provides a more vivid picture for examining the legal practice of the system.In addition,in order to change the problem of misjudging the nature of the system caused by the excessive use of modern Western legal concepts in previous studies,starting from the law itself,it is found that the orphan and child inspection and school system,under the concept of no rights and obligations,takes the responsibility and obligation of the family as the starting point,unfolds under the Confucian ethics through rich legal forms and the superb art of judgement of scholars,and further integrates the etiquette with real life on the basis of adhering to the tradition of etiquette and declaring the spirit of etiquette,which has a unique legal logic.Under the conditions of the great social transformation at that time,the Song Dynasty balanced the interests that all aspects must consider as much as possible to meet the actual needs and be reasonable;the system established on the basis of traditional etiquette was difficult to achieve the requirements of modern jurisprudence such as equality between men and women,and the enjoyment of independent property rights by orphans and children.After objectively evaluating the rationality and limitations of the system,it is connected with reality,and while seeing that the concept of state and home contained in the orphanage and kindergarten inspection and school system,the means of parenting separation,etc.are all providing some local solutions that are difficult for the West to provide for the current state guardianship of minors.