Research On Judgment In The Tang Song Dynasty

Sentence is the ancient award of judicial documents. This dissertion views "wen yuan ying hua" of the tang dynasty and "ming gong shu pan qing ming ji" of song dynasty as the center, compares similarities and differences of tang with song. Finally this dissertion focuses the social problems tang and song dynasties which is reflected in "wen yuan ying hua"and "ming gong shu pan qing ming ji".The prelude introduces a brief review of the academic history and the present research status, puts forward the main content, research methods and innovative points.The main text is composed of five chapters, the first chapter for paper trace the first origin, and then the two generations of tang and song on the sentenced document introduce and comb, and make a brief analysis in the background and their respective characteristics.The second chapter views "wen yuan ying hua"and "ming gong shu pan qing ming ji"as the center, from language style, judgment basis, the literary style, the form and structure and so on. The authors of the articles mostly advocate that judge according to law, pay attention to reason, social institutions and other factors, use the lovely torture. Most of the tang dynasty PianTi imitation sentence, and the song dynasty in the northern song dynasty, in addition to a portion of the imitation sentence handed down from ancient times, but also some of the writing to reality, this is the biggest difference to the tang.The third chapter to "wen yuan ying hua" of official involved in the tang dynasty to crime, as the research object,talk about the disaster of the breach of duty crime, about the economic crime, crime and criminal judicial military, and then glance at the offical in tang dynasty.The fourth chapter views "ming gong shu pan qing ming ji" of the song dynasty as the research object, and analysis the bureaucracy, corruption and common people prowled the house between the situation at that time. Name the male at that time to the present situation of the antidote to the JiaoBo were critical of, they are in the process of judgment is not guilty of the most heinous crimes suspects are always to enlightenment is first, and having the wind to teach.The fifth chapter views song dynasty quoted laws of "ming gong shu pan qing ming ji" as the research object, in these cases cite one legal category analysis, think of the male advocates "cautious punishment", and that the name the male legal consciousness extremely strong conclusion, except they pay attention to law, but also make the verdict a sensible, is easy to accept, in order to achieve the purpose of XiSong. It can also see that, at the time, the judge especially grassroots judicial official legal consciousness is uneven, judicial situation grim.The final conclusion makes a brief summary of the full text, and once again discusses the change of the genre to the difference during the tang and song dynasties, and think the song dynasty to meet with the actual needs. The judgements of Tang and song dynasties, sort of all words and style elegance, pay attention to the simple narrative argue, can provide reference for the perfect for the judicial documents.Appendix part is the list of judicial documents and according to the modern standard classification.