The Study On The Written Order Of Pardon In The Song Dynasty

The absolvable system in Song Dynasty reached the peak of ancient Chinese absolvable system, it represents on the development and innovation of absolvable type, number and cause. The Song Dynasty absolvable type is more clearly and definition, it contains general pardon, curved pardon and virtue music. Its number is far ahead of before and after Dynasty, The ming tang and outskirts sacrifice pardon establish regular date and frequency, Those all produced more tremendous influence for Song Dynasty absolvable system.The written order of pardon in Song Dynasty is one part of zhi shu which belongs to the seven commands document. It attached to the implementation of absolvable system, its content has unique and distinct characteristics of The Times. Begin from the middle and late Tang Dynasty, written order of pardon has developed the legislation and prohibition functions, besides the forgiveness and reward etc traditional contents. Early Song Dynasty, those functions was not inherited, the written order of pardon return to the forgiveness and reward traditional contents again. Along with the development and changes of the society, begin from the middle and late Northern Song, the written order of pardon has gradually appeared some civil prohibit contents, although the proportion is still small, it distinguished the early Northern Song obviously. Late Northern Song Dynasty, Social contradictions gradually escalate, Local financial difficulties obviously, basic county and state financial collection is becoming more and more worse, the written order of pardon begin appear some provisions which is constraint the illegal financial collection of county and state. After the Southern Song Dynasty, because the county and state financial burden increasing, local financial collection system has further destroyed. In this situation, because of the written order of pardon is directly facing the county and state and common people, it was used as social contradiction regulator more and more, the provisions contents in the written order of pardon increased gradually, and present immobilized in addition, the ruler attempt to depend on the written order of pardon to improve the financial collection system in county and state.Along with the increasing of written order of pardon contents, the information that it contains is far exceed the other official documents, this is a high requirement for the makers. So to speak, the formulate of the written order of pardon is the collective wisdom crystallization, many local information was report step by step, and those independent terms were assembled to a complete document. So the present characteristic of the written order of pardon is terms variously and independent for each other. The formulate of the written order of pardon is constitute by every people in the bureaucratic system, such as every level local officials, Prime minister, writer officials etc, but the final decision is controlled by the emperor. The information of the written order of pardon is gathered from local society, the formulated items also feedback to local society, expected to governance the local contradiction, this feedback is a process that the information transmit from the central to the local in fact. The transform of the written order of pardon asks strong timeliness, how to transfer the pardon information to every society corner in shortest time is a severe test. The transfer of the pardon information involved many problems, including the transfer speed, transfer process and transfer way etc.After the written order of pardon transferred to the local society, discussing its specific executive effect is unavoidable. The written order of pardon have different type content, such as mitigate crimes, grace reward and forbidden items, the execution of every content is different, for their society relevance is not identical. We take the exempt from tax payment content for example,the actual executives are local officials, their attitudes and motivation have directly affect to the execution. The written order of pardon requests the county and state official exempt taxes according to the law repeatedly, but the can not solved fashion of Superior exploitation junior in fiscal collection make the local Finance shortage in Song Dynasty. The social officials need those taxes, so, the pardon execution influence on the social official profits. In addition, this execution also concern the profit of prison company and the civil clerks, every official's chase interest characteristics make the execution not ideal.The execution of absolvable system in Song Dynasty is controversially, many officials criticize the abuse pardon make the law unfair. In fact, the ruler is try to avoid this unfair, they make law to restrict the pardon range, listed many not pardon crimes, On the one hand, because these not forgive crimes are greatly crimes, offended the Song Dynasty ruling order, on the other hand, the ruler want to better safeguard the legal effectiveness. Although absolvable system in Song Dynasty has its malpractice, it also has irreplaceable function in some special times.